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(d) Seller will have up to two (2)months following closing to remove personal <br /> property from the Property. Any personal property that is not removed by Seller within the two <br /> (2) months following closing will be considered abandoned property and may be retained or <br /> disposed of by Buyer in its sole discretion. All structures located on the Property are real <br /> property. Seller agrees to move personal property located on the Property as necessary to enable <br /> Buyer to complete its site evaluation, soil evaluation and any other engineering or site <br /> preparation deemed reasonably necessary by Buyer. <br /> (e) Buyer agrees that this Purchase and Contract is for the Property only, including <br /> any structures located on the Property and is not for the purchase of personal property which is <br /> located on the Property such as tools, equipment, supplies, and other furnishing located in or <br /> around the structures or otherwise on the Property. <br /> (f) A condition precedent to Buyer's obligation to close on the sale of the Property is <br /> that Buyer's Board of Commissioners formally approve the purchase of the Property by action in <br /> an open public meeting as provided by law. <br /> 6. MISCELLANEOUS PROVISIONS: <br /> (a) This Agreement embodies and constitutes the entire understanding between the <br /> parties with respect to the transaction contemplated herein and all prior agreements, <br /> understandings, representations and statements, oral or written, are merged into this Agreement. <br /> Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged <br /> or terminated except by an instrument signed by the party against whom the enforcement of such <br /> waiver, modification, amendment or discharge or termination is sought, and then only to the <br /> extent set forth in such instrument. <br /> 7 <br />