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hazardous materials; (c) any diminution in value in the Property arising from or relating to matters <br />discovered by Buyer during its investigation of the Property; (d) any latent defects in the Property <br />discovered by Buyer; or (e) the release or spread of any hazardous materials which are discovered (but <br />not deposited) on or under the Property by Buyer. If this transaction does not close, Buyer shall <br />promptly restore the Property to a reasonably neat and presentable condition free from any damage to <br />the Property caused by Buyer's activities on the Property. <br />Prior to any entry by Buyer or any of Buyer's Designees onto the Property, Buyer shall: (i) if <br />Buyer does not then have such a policy in force, procure a policy of commercial general liability <br />insurance covering all Buyer's Activities, with a single limit of liability (per occurrence and aggregate) <br />of not less than $2,000,000.00; and (ii) deliver to Seller a Certificate of Insurance, evidencing that such <br />insurance is in force and effect, and evidencing that Seller has been named as an additional insured <br />thereunder with respect to any Buyer's Activities (such Certificate of Insurance shall be delivered to <br />Seller, at the address for notices set forth below Seller's execution of this Contract). Such insurance <br />shall be maintained in force until the earlier of (x) the termination of this Contract and the conclusion <br />of all Buyer's Activities, or (y) Closing. <br />11. Eminent Domain <br />a. In the event of commencement of eminent domain proceedings, or in the event <br />Seller receives written notice of any threatened or contemplated eminent domain proceedings, <br />respecting any portion of the Property prior to Closing, then Seller shall give Buyer prompt written <br />notice thereof. If all or any part of the Property is taken by eminent domain proceedings, or if there is <br />the commencement or bona fide threat of the commencement of any such proceedings, prior to Closing, <br />Buyer shall have the right, at Buyer's option, to terminate this Contract by giving written notice to <br />Seller on or before the date twenty (20) days after the date upon which Seller gives Buyer written <br />notice of such taking, in which event the Earnest Money shall be refunded to Buyer promptly upon <br />request, all rights and obligations of the parties under this Contract shall expire, and this Contract shall <br />become null and void. <br />b. If all or any part of the Property is taken by eminent domain proceedings prior <br />to Closing and the purchase and sale of the Property contemplated by this Contract is thereafter actually <br />consummated: (i) the Purchase Price shall be reduced by the total of any awards or other proceeds <br />actually received by Seller on or before the Closing Date with respect to any taking of the Property; <br />and (ii) at Closing, Seller shall assign to Buyer all rights of Seller in and to any awards or other proceeds <br />payable thereafter by reason of such taking. <br />If necessary to allow Buyer to exercise its rights under this Section 11 , the Final Closing Date <br />shall automatically be extended by the required number of days to allow for the exercise of such rights. <br />12. Notice Each Notice ( "Notice ") provided for under this Contract shall be in writing <br />and shall be: i) physically delivered in person; or ii) sent by depositing it with a nationally recognized <br />overnight courier (such as Federal Express) with adequate postage prepaid for next day delivery <br />addressed to the appropriate party (and marked to a particular individual's attention if so indicated) as <br />hereinafter provided; or iii) by electronic transmittal to a fax (with confirmation of delivery) or email <br />address set forth below (provided, however, that no electronic delivery to an email or fax address shall <br />be good Notice hereunder unless a fax or email address, as the case may be, is expressly stated below). <br />Each Notice personally delivered shall be effective on delivery (email being deemed delivered on the <br />date sent without kick -back notice of delivery failure); each Notice sent by a nationally recognized <br />Page 5 of 17 <br />Attachment number 8 \n <br />G -2 Page 135 <br />