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deed. Seller shall also furnish at Closing (i) if requested by Buyer (and if Buyer has obtained a new Survey), a quitclaim deed (the "Non-Warranty Deed"), in recordable form, and in substantially the same form, as that attached hereto as Exhibit B , conveying all Seller's right, title and interest in and to the Property in accordance with the legal description prepared from the Survey; (ii) a North Carolina Land Title Association, March 2013, Form No. l: Owner's Affidavit and Indemnity Agreement (No Recent Improvements), attached hereto as Exhibit C, which shall include a sworn statement that there are no leases or tenancies or others in possession of the Property; (iii) a Non- Foreign Certificate and Request for Taxpayer Identification Number, attached hereto as Exhibit D; (iv) if Buyer determines it is applicable during its Feasibility Period and in Buyer's discretion, a quit claim Assignment and Bill of Sale executed by Seller in order to convey such personal property rights/interests and such intangible appurtenant property related rights as pertain to and are part of the Property as herein described; and (v) such other commercially reasonable documents and instruments appropriate for the subject transaction or which may be required to satisfy any conditions of Buyer's title insurance company. At Closing, Buyer shall deliver to Seller the Purchase Price (taking account of all other costs and adjustments provided for herein) and such documents and instruments as Seller shall reasonably require, in form and substance reasonably approved by Seller. 17. Severability. Any provision of this Contract, or portion thereof, which is prohibited or unenforceable in any jurisdiction shall as to such jurisdiction be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, portions thereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision, or portion thereof, in any other jurisdiction. 18. Default and Termination Rights. This document shall be construed as a contract to sell real estate binding upon the parties hereto. a. Termination Conditions. Upon any termination hereunder, other than pursuant to Section 18 b. below, the Buyer shall: (a) deliver to the Seller a complete copy of all Due Diligence Materials developed for the Property by or for the Buyer pursuant to Section 10 hereof, and (b) if the Buyer has submitted applications for any governmental review or approvals or received any such approval, (i)provide the Seller or its designee an assignment of such applications/approvals and all Due Diligence Materials in support thereof, and/or (ii) submit documentation for formal withdrawal of such applications (collectively the "Termination Conditions"). The obligation to satisfy the Termination Conditions shall survive the termination of this Contract and shall be a prerequisite to the return of the Earnest Money to the Buyer(except pursuant to Section 18b. below); provided, however, that satisfaction of all the herein stated Terminations Conditions shall be without warranty or representation of Buyer whatsoever, shall not include any obligation to produce/deliver anything of a proprietary, confidential or privileged nature, and the extent to which all the foregoing must be produced/delivered as a prerequisite to the return of Earnest Money shall be subject to a commercially reasonableness standard. b. Seller Default; Buyer Remedies. In the event Seller shall fail to perform or comply with any of the obligations to be performed by Seller under the terms and provisions of this Contract due to circumstances or conditions which constitute a default by Seller under this Contract, and Seller fails to cure the same within fifteen (15) days after written notice thereof from Buyer, then Buyer, upon giving written notice to Seller, shall be entitled to receive from Escrow Agent, and Escrow Agent shall in fact deliver to Buyer, all Earnest Money then held by Escrow Agent pursuant to this Contract, and Buyer, as its sole and exclusive remedies, may exercise either of the following additional rights and remedies: (i) Buyer shall have the right to specific performance of Page 9 of 27 Attachment number 1 \n G-4 Page 140