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pursuant to the Development Agreement. Seller represents and warrants that there are no parties <br />other than Seller in occupancy or possession of any part of the Property. Purchaser acknowledges <br />and agrees that, except as otherwise expressly set forth in this Agreement, the Property is being <br />transferred "AS IS". <br />SECTION 16. RI AT 10 NT D om.. Seller <br />agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon <br />reasonable notice, shall have the right to enter the Property For all lawful purposes in connection with <br />this Agreement. Seller shall deliver possession of the Property to Purchaser at closing. For the <br />purpose of conducting physical inspections, Seller agrees to provide Purchaser and its authorized <br />agents, accompanied by a representative of Seller, reasonable access to the Property at all reasonable <br />times on business days upon at least two (2) business days' prior written notice to Seller, and <br />Purchaser shall conduct such' inspections in a manner not disruptive to the operation of the Property. <br />After each such entry, Purchaser shall promptly repair any damage caused by Purchaser or its agents <br />and shall restore the Property to its condition immediately prior to such entry, and Purchaser's <br />agreement to repair and restore shall survive any termination of this Agreement. To the extent <br />permitted by law, Purchaser hereby agrees to indemnify Seller and to hold Seller, Seller's agents and <br />employees, and the Property harmless from and against any and all losses, costs, damages, claims, or <br />liabilities including„ but not limited to, construction liens and attorney's fees, arising out of or in <br />connection with Purchaser's access to or entry upon the Property under this section. Purchaser's <br />indemnity and hold harmless pursuant to this section shall survive the termination or expiration of this <br />Agreement by closing or otherwise. <br />SEC; TION 17. ACCIE . Seller warrants that there is legal ingress and egress for the <br />Property over a public road. <br />SECTION 18. DEFAULT. If either party defaults under this Agreement, the non - <br />defaulting party may waive the default and proceed to closing with no reduction in the Purchase <br />Price, or seek specific performance. However, except for the failure to close, the defaulting party <br />shall have ten (l0) days abler written notice From the non -defaulting party to cure the default. <br />4 <br />SECTION 19. BROKERS. Seller warrants that no persons, firms, corporations <br />i or other entities are entitled to a real estate commission as a result of this Agreement or subsequent <br />closing. Seller shall indemnify and hold the Purchaser harmless from any and all such claims, whether <br />{ disclosed or undisclosed. Purchaser represents that it has not dealt, and shall riot deal, with any <br />1 broker, salesman, or finder in connection with the transactions contemplated herein, and that no sales <br />commissions or finder's fees shall be due or payable by or from the Purchaser as a result of the <br />transactions contemplated herein. <br />SECTION 20. RECORDINSa. Purchaser is a governmental entity. <br />This Agreement, or notice of it, may be recorded by Purchaser in its records and minutes. <br />L <br />. <br />