Agenda - 06-26-2007-4dd - Laserfiche WebLink

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commence (the "Completion Date"). Subject to the provisions of paragraph 2.02, construction of the shell of the Building and the exterior improvements to the Real Property shall be performed and completed substantially in accordance with the Building Plans and Specifications at Seller's sole cost and expense. Subject to the provisions of paragraph 2A2, the Interior Upfit shall be performed and completed substantially in accordance with the Interior Upfit Plans and Specifications at Seller's sale cost and expense. As used herein, "Building Plans and Specifications" shall mean the plans and specifications for the construction of the shell of the Building and the exterior improvements to the Real Property as same may be amended, modified and/or supplemented from time to time. The Building Plans and Specifications shall be identified and described on the attached EXHIBIT B. As used herein, "Interior Upfit Plans and Specifications" shall mean the plans and specifications for the improvement, upfit and finishing of the interior of the Building as same may be amended, maclified and/or supplemented from time to time. The Interior Upfit Plans and Specifications shall be identified and described on the attached EXHIBIT C. 6.02 No amendment and/or modification of or to the Building Plans and Specifications which shall materially alter or change the size ar layout of the Building ar the means of access to the Building shall be made at any time subsequent to the Date of Agreement unless approved in writing by both parties. 6.03 Purchaser shall cause the Interior Upfit Plans and Specifications to be prepared at Purchaser's sale cost and expense. Purchaser shall make a reasonable effort to cause the Interior Upfit Plans and Specifications to be prepared and delivered to Seller on or before June 11, 2447. Purchaser acknowledges that construction of the Building may not commence for a period of up to ninety {94) days after the date an which Purchaser delivers the Interior Upfit Plans and Specifications to Seller and that the Building may not be substantially complete and ready for occupany for a period of up to thirteen (13) months after the date on which Purchaser delivers the Interior Upfit Plans and Specifications to Seller. No material amendment and/or modification of or to the Interior Upfit Plans and Specifications shall be made at any time subsequent to the delivery of the Interior Upfit Plans and Specifications to Seller unless approved in writing by bath parties. 6.04 At any time from and after the Date of Agreement and until the Closing, Purchaser may enter upon the Real Property and perform, at the sole cost and expense of Purchaser (but not in a manner which shall unreasonably disrupt or delay construction of the Building or the Interior Upfit), such analysis, review, tests or inspections of the Real Property, including construction of the Building and the Interior Upfit, ar any other aspect of the Real Property as may be pertinent and material to Purchaser in its sole and absolute discretion. SECTIQN 7. Risk of Lass. Subject to the provisions hereof, the risk of loss or damage to the Property occurring prior to Closing shall be borne by Seller. If the Property is damaged by fire, storm, wind or other casualty prior to Closing, Seller shall give prompt written notice thereof to Purchaser. Purchaser may, at any time within thirty (34) days fallowing the receipt of such notice from Seller, terminate this Agreement effective upon delivery of written notice of termination to Seller. Upon such termination the parties shall have no further liability to one another hereunder. If Purchaser elects not to terminate tlus Agreement pursuant to this Section, this Agreement shall continue in effect and, notwithstanding the occurrence of such casualty and c><arnage, Closing shall proceed as provided far herein. All insurance proceeds collected with respect to such loss shall be assigned to Purchaser. SECTIQN 8. Eminent Domain and Assessments. Seller has not received any notice of any pending condemnation, assessment or similar proceeding or charge affecting the Real Property or any portion thereof and has no knowledge that any such proceeding or charge is contemplated. If Seller receives notice of the commencement or threatened commencement of eminent domain or assessment or other like -6-