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ExhibitA - Ordinance 2001-14 <br />payable on the Closing Date and zoning (the "Permitted Exceptions"). In the <br />event the Commitment and/or Survey disclose any matter afFecting title to the <br />Premises other than the Permitted Exceptions, Purchaser shall notify Seller of the <br />title matters which Purchaser approves and the title matters to which Purchaser <br />objects within thirty (30) days after receipt by Purchaser of both the Commitment <br />and the Survey, and, except as otherwise provided in Section 3(d) Seller shall <br />remove any such matters objected to by Purchaser, at Seller's expense, within <br />thirty (30) days after Purchaser notifies Seller of such title matters. If Purchaser <br />fails to notify Seller of its objection to, or approval of, any such title matters, <br />Purchaser sha11 be deemed to have accepted all title matters set forth in the <br />Commitment, except for the Permitted Exceptions. <br />(d) In the event that despite the use of Seller's best efforts Seller can not or does not <br />remove any such title matters objected to by Purchaser within said thirly (30) <br />days, Purchaser shall have the right to elect either: <br />(i) to waive such title matter(s), proceed to close this transaction and accept <br />title to the Premises subject to such title matter(s); or <br />(ii) to terminate this Agreement by giving written notice of termination to <br />Seller and this Agreement shall thereafter be of no further force or effect. <br />4. TITLE TO PRENIISES. Seller shall convey good and marketable indefeasible fee simple <br />title to the Premises to Purchaser subject only to the Permitted Exceptions and such other title <br />matters approved by Purchaser in writing by general warranty deed (the "Deed"). The Deed shall <br />be in a form and substance satisfactory to Purchaser and contain the legal description of the <br />Premises described in the Survey. The Permitted Exceptions and the title matters approved by <br />Purchaser shall be specifically, not categorically excepted from the warranties of title in the <br />Deed. <br />5. ACCESS TO AND CONDITION OF PROPERTY. Purchaser, its agents, contractors and <br />engineers shall have the right to enter upon the Premises for the purpose of inspecting the <br />physical condition of the Premises, to determine the suita.bility of the Premises for Purchaser's <br />intended uses thereof, such as the existence and adequacy of all utilities serving the Premises, <br />compliance with laws and soil conditions. Notwithstanding any language to the contrary <br />contained herein, Purchaser agrees to repair any and all damage to the Premises caused by <br />purchaser's inspection thereof and to restore the Premises to as near as practical to the condition <br />existing immediately prior to the Purchaser's inspection. <br />Purchaser acknowledges and agrees that, except for the representations and warranties set forth in <br />Section 6 of this Agreement, Seller has not made, does not make and specifically negates and <br />disclaims any and all other representations, warranties, promises, covenants, agreements or <br />guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, <br />present or future relating to the physical condition of the Premises Purchaser further <br />acknowledges and agrees that except for the representations and warranties set forth in Section 6 <br />2