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Period, a surveyor properly licensed under the laws of the State of North Carolina, to prepare a
<br /> survey of the Property (the "Survey"), and to cause three (3) prints of the Survey to be delivered to
<br /> Seller's attorney at the address for copies of notices as set forth in Section 12 of this Contract. The
<br /> Survey, if done, will be utilized as the basis for the preparation of a legal description of the Property
<br /> to be included in the quitclaim deed (the "Non-Warranty Deed") to be delivered by Seller to Buyer
<br /> at Closing.
<br /> 9. Broker and Commission. All negotiations relative to this Contract and the purchase
<br /> and sale of the Property as contemplated by and provided for in this Contract have been conducted by
<br /> and between Seller and Buyer without the intervention of any person or other party as agent or
<br /> broker. Seller and Buyer warrant and represent to each other that Seller and Buyer have not entered
<br /> into any agreement or arrangement and have not received services from any broker or broker's
<br /> employees or independent contractors, and there are and will be no broker's commissions or fees
<br /> payable in connection with this Contract or the purchase and sale of the Property by reason of their
<br /> respective dealings, negotiations or communications.
<br /> 10. Access to Property. Seller covenants that Buyer and Buyer's agents, employees and
<br /> independent contractors ("Buyer's Designees"), following the Effective Date and prior to Closing,
<br /> shall have the right and privilege to enter upon the Property, at such times as are permitted by Seller
<br /> (or Seller's attorney) in writing and in advance, to conduct such non-invasive tests or inspections
<br /> [(i.e., survey, Phase I environmental assessment, etc.) the "Due Diligence Materials"] Buyer deems
<br /> appropriate ("Buyer's Activities"), all at Buyer's sole cost and expense. Buyer agrees that
<br /> notwithstanding the foregoing or anything herein to the contrary, Buyer shall have no right to
<br /> perform a Phase II environmental study on the Property without first obtaining Seller's express
<br /> written consent. Buyer shall indemnify, defend and hold Seller harmless from and against any liens,
<br /> claims, losses, damages and liabilities resulting from Buyer's exercising the right and privilege to go
<br /> upon the Property as provided herein; provided, however, that the foregoing indemnity and defense
<br /> obligations do not apply to (a) any loss, liability cost or expense to the extent arising from or related
<br /> to any act or omission of Seller or its employees, agents, consultants, contractors or invitees; (b) any
<br /> adverse condition or defect on or affecting the Property not caused by Buyer or its employees,
<br /> agents, consultants, or contractors but discovered or impacted during their inspections including,
<br /> without limitation, the pre-existing presence or discovery of any matter such as, but not limited to,
<br /> any hazardous materials; (c) any diminution in value in the Property arising from or relating to
<br /> matters discovered by Buyer during its investigation of the Property; (d) any latent defects in the
<br /> Property discovered by Buyer; or (e) the release or spread of any hazardous materials which are
<br /> discovered (but not deposited) on or under the Property by Buyer. If this transaction does not close,
<br /> Buyer shall promptly restore the Property to a reasonably neat and presentable condition free from
<br /> any damage to the Property caused by Buyer's activities on the Property.
<br /> Notwithstanding the foregoing, Buyer's rights under this paragraph are subject to the
<br /> following limitations, covenants and agreements: (i) a representative of Seller shall have the right to
<br /> be present when Buyer or its representatives conducts its or their investigations on the Property; (ii)
<br /> neither Buyer nor its representatives shall interfere with the use, occupancy or enjoyment of the
<br /> Property by Seller or other occupants/tenants thereof, (iii) neither Buyer nor its agents shall damage
<br /> the Property or any portion thereof, (iv) Buyer shall, at its sole cost and expense, comply with all
<br /> applicable federal, state and local laws, statutes, rules regulations, ordinances, and policies in
<br /> conducting any of its inspections or testing of the Property; (v) Buyer agrees to keep the Property
<br /> free from any and all liens arising out of any work performed, materials furnished or obligations
<br /> incurred by or on behalf of Buyer or Buyer's representatives or agents in connection with any
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<br /> Attachment number 1 \n
<br /> G-4 Page 135
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