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8 <br />5. CONDITIONS: <br />(a) Seller agrees to allow Buyer access to the Property for the purpose of <br />inspecting, surveying, testing and analyzing the Property at any time prior to the closing of'the <br />purchase of the Property. <br />(b) On request of Buyer, Seller agrees to exercise Seller's best efforts to deli ver to <br />Buyer, as soon as reasonably possible following the signing of this agreement, copies of any <br />title information in possession of or available to Seller, including, but not limited to, tide <br />insurance policies, attorneys opinions on title, surveys, covenants, deeds, notes, and deeds of <br />trust and easements relating to the Property. <br />(c) Any and all deeds of trust, liens or other charges against the Property not <br />assumed by Buyer must be paid and cancelled by Seller prior to or at closing.. <br />(d) A condition precedent to Buyer's obligat ion to close on the sale of the Property <br />is that Buyer's Board of Commissioners formally approve the purchase of the Property by <br />action in 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 <br />Agreement,. Neither this Agreement nor any provision hereof' may be waived, modified, <br />amended, discharged or terminated except by an instrument signed by the party against whom <br />the enforcement of such waiver, modification, amendment or discharge or termination is <br />sought, and then only to the extent set forth in such instrument. <br />