Common use of Feasibility Study Clause in Contracts

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxes, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by Buyer. Buyer will not engage in any activity that xxxxx result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Properxx xx acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested parties.

Feasibility Study. Buyer will, at Buyer's expense is granted the right to conduct engineering and/or market and within ____ days from Effective Date ("Feasibility Study Period"), determine whether economic feasibility studies of the Property is suitable, in Buyer's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction physical inspection of the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other including studies or inspections that Buyer deems appropriate to determine the Property's suitability existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer for the Buyer's intended useFeasibility Study. If Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the ’s Feasibility Study Period for the purpose of conducting inspectionsStudy; provided, however, that Buyer, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxes, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by Buyerrepresentative reasonably available during normal business hours. Buyer will not engage in any activity that xxxxx result in a construction lien being filed against alter the physical condition of the Property or conduct invasive testing without Seller's prior notifying Seller of its requested tests, and obtaining the written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages consent of Seller to any physical alteration of the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspectionsor invasive testing. Buyer will deliver utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not Period, in which case the Properxx xx acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of Xxxxxxx Money (other than the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(sOption Money) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after Escrow Axxxx receives proper authorization form expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all interested partiesobjections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposes.

Feasibility Study. Buyer willPurchaser shall conduct at its sole cost and expense an intensive feasibility study of the Real Property (the "Feasibility Study"), at Buyer's expense which study shall include but not be limited to, (i) reviewing and within ____ days from Effective Date approving the results of any environmental assessment report which Purchaser may elect to obtain, and all Property Documents required to be provided to Purchaser by Seller, (ii) conducting such engineering and soils studies, utilities investigations, wetlands investigations, if applicable, ALTA surveys and regulatory reviews, as Purchaser deems appropriate to the development of an assisted living facility consistent with the developments plans of Purchaser (the "Facility") and (iii) procuring approval for a Certificate of Need ("CON") for the Real Property in order to permit the construction and operation of the Facility, subject to only such conditions as shall be satisfactory to Purchaser. Within ninety (90) days following the mutual execution of this Agreement (the "Feasibility Study Period"), determine whether Purchaser shall have approved or disapproved the Property results of said Feasibility Study. Notwithstanding the foregoing, if, despite Purchaser's good faith efforts, Purchaser is suitableunable to secure final and non-appealable approval for the issuance of the CON within said ninety (90) day period, the Feasibility Period may be extended for up to three (3) consecutive periods of thirty (30) days each in Buyer's sole and absolute discretionorder to permit Purchaser the necessary time to procure said CON approval. If at the end of the third such thirty (30) day extension, Purchaser determines that it shall need additional time in order to obtain said final approval for the CON, Purchaser shall be permitted to further extend the Feasibility Period as Purchaser determines reasonably necessary provided that, for ___________________ useeach additional thirty (30) day extension, the purchase price payable hereunder shall be increased by an amount equal to Five Hundred Dollars ($500.00). During Any extension of the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other testsas permitted hereunder, analyses, surveys and investigations ("Inspections") that Buyer deems necessary shall exercisable by written notice sent to determine to Buyer's satisfaction Seller on or before the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability then current date for the Buyer's intended use. If expiration of the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment agenciesFeasibility Period. Seller will sign all documents Buyer is required agrees to file in connection with development or rezoning approvals. Seller gives Buyer, grant to Purchaser and/or its agents, consultants and contractors and assigns, the right to enter the Real Property at any time during the Feasibility Study Period for the purpose of conducting inspectionsperforming such tests, studies and investigations as Purchaser determines necessary in connection with its Feasibility Study of the Real Property; provided, however, that Buyer, the activities conducted by Purchaser and/or any of its agents, consultants or contractors and assigns enter shall not materially change or alter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxes, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by Buyer. Buyer will not engage in any activity that xxxxx result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct character of the Inspections, and (2) release Real Property. Seller further agrees to Seller all reports and other work generated as a result of fully cooperate with Purchaser concerning the Inspections. Buyer will deliver written notice to Seller prior to the expiration components of the Feasibility Study Period of Buyer's determination of whether or not the Properxx xx acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested partiesStudy.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for _____________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment appropriate xxxxxnment agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxeslxxxxx, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by Buyer. Buyer will not engage in any activity that xxxxx result coxxx xesult in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property /SL/ /JG/ resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Properxx Property xx acceptablexcceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives Agexx xxceives proper authorization form all interested parties.

Feasibility Study. Buyer will, at Buyer's expense is granted the right to conduct engineering and/or market and within ____ days from Effective Date ("Feasibility Study Period"), determine whether economic feasibility studies of the Property is suitable, in Buyer's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction physical inspection of the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other including studies or inspections that Buyer deems appropriate to determine the Property's suitability existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., prevailing Pacific Time, on November 24, 2009. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer for the Buyer's intended useFeasibility Study. If Buyer must be accompanied by Seller’s manager for the Property must be rezoned, Buyer will obtain or another designated representative of Seller or have received Seller’s written permission prior to entering upon the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file Property in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the ’s Feasibility Study Period for the purpose of conducting inspectionsStudy; provided, however, that Buyer, its agents, contractors and assigns Buyer may not enter into any space leased by any tenant without being accompanied by Seller’s manager for the Property and conduct inspections at their own riskor another designated representative of Seller. Buyer will indemnify and hold Seller harmless from xxxxes, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning agrees to make its manager or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by Buyerother representative reasonably available during normal business hours. Buyer will not engage in any activity that xxxxx result in a construction lien being filed against alter the physical condition of the Property without Seller's prior notifying Seller of its requested tests, and obtaining the written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages consent of Seller to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct any physical alteration of the Inspections, and (2) release to Seller all reports and other work generated as a result of the InspectionsProperty. Buyer will deliver utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether Period, in which case the Xxxxxxx Money (less any cancellation fee payable to the Title Company or not the Properxx xx acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(sUnderwriter) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then Buyer or its designated agents may enter upon the Property after Escrow Axxxx receives proper authorization form expiration of the Feasibility Period from time to time during normal business hours and upon advance notice to Seller (which notice may be oral) for the purpose of inspecting the common areas; provided, however, Buyer may not enter into any space leased by any tenant without Seller’s consent and without being accompanied by Seller’s manager for the Property or another designated representative of Seller. If this Contract is not terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all interested partiesobjections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposes.

Feasibility Study. Buyer will, at Buyer's expense and within ______ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ____________________________________________ _______________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I Phrase 1 environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional growth management plans, ; availability of permits, government approvals, and licenses; and other inspections Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment appropriate government agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting inspectionsInspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections Inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxeslosses, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of Inspections or any work authorized by Buyer. Buyer will not engage in any activity that xxxxx could result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Properxx xx Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period Period ends and Buyer's deposit(s) will be returned after Escrow Axxxx Agent receives proper authorization form from all interested parties.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in BuyerXxxxx's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer Xxxxx will obtain the rezoning from the appropriatx xxxernment appropriate government agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer Xxxxx will indemnify and hold Seller harmless from xxxxeslosses, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by BuyerXxxxx. Buyer will not engage in any activity that xxxxx could result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer Xxxxx will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of BuyerXxxxx's determination of whether or not the Properxx xx Property is acceptable. BuyerXxxxx's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and BuyerXxxxx's deposit(s) will be returned after Escrow Axxxx Agent receives proper authorization form all interested parties.

Feasibility Study. Buyer willPurchaser is granted a license to enter upon the Property to conduct such nondestructive engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, at Buyer's expense including studies or inspections to determine the existence of any environmental hazards or conditions as Purchaser deems necessary or advisable and within ____ days from Effective Date for reviewing and copying those of the Submission Matters noted as to be provided on-site (collectively, the "Feasibility Study Study") during the period (the "Feasibility Period"), determine whether which commenced on June 15, 2015) under the Property is suitableterms of that certain Access and Due Diligence Agreement between the parties (the "Access Agreement")) and ending at 5:00 p.m., Central Time, on July 30, 2015. If this Contract remains in Buyer's sole and absolute discretioneffect after expiration of the Feasibility Period, for ___________________ use. During then Purchaser may continue the Feasibility Study Perioduntil Closing. With Seller's permission, Buyer after Seller has received at least two full Business Days advance written notice of the intended date of entry (which request may conduct a Phase I environmental assessment be via email without requirement for additional form of delivery and any which permission, unless promptly denied in writing, shall be deemed granted), Purchaser or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests, analyses, surveys tests and investigations ("Inspections") that Buyer deems inspections which may be deemed necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability by Purchaser for the BuyerFeasibility Study. Purchaser must be accompanied by Seller's intended use. If manager for the Property must be rezonedor another designated representative of Seller (Xxxxx Xxxxxxxx), Buyer will obtain or have received Seller's written permission prior to entering upon the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file Property in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Purchaser's Feasibility Study Period for the purpose of conducting inspectionsStudy; provided, however, that Buyer, its agents, contractors and assigns Purchaser may not enter into any space leased by any tenant without being accompanied by Seller's manager for the Property or another designated representative of Seller (Xxxxx Xxxxxxxx). Seller agrees to make its manager or other representative reasonably available during normal business hours. Purchaser will not conduct physical or invasive testing or testing involving sampling (including, without limitation, any environmental testing other than a Phase I study) without notifying Seller of its requested tests, and conduct inspections at their own riskobtaining the written consent of Seller. Buyer will indemnify Before conducting any test or investigation involving physical disturbance, sampling Purchase and hold Seller harmless from xxxxes, damages, costs, claims and expenses Sale Agreement15233083_2 9 or invasive testing of any natureportion of the Property, including attorney's feesPurchaser shall provide Seller with a reasonably detailed testing plan outlining the tests Purchaser intends to perform. No such tests shall be conducted without Seller’s prior written approval of the testing plan and the specific test or investigation, expenses and liability incurred in application which approval may be via email from Seller’s designated representative without requirement for rezoning additional form of delivery of notice. Purchaser will exercise commercially reasonable efforts to conduct or related proceedings, and from liability cause to any person, arising from the conduct of any and be conducted all inspections of any work authorized by Buyer. Buyer and tests in a manner and at times that will not engage unreasonably interfere with any tenant's use and occupancy of the Property. Purchaser shall comply with all federal, state and local laws, rules, regulations and ordinances which might in any activity way relate to the Feasibility Study. If Purchaser determines, in its sole judgment, that xxxxx result in a construction lien being filed against the Property without Selleris not suitable for any reason for Purchaser's prior written consent. If intended use or purpose, is not in satisfactory condition, or that Purchaser otherwise no longer desires to purchase the Property, then Purchaser may terminate this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver Contract by written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether Period, in which case the Xxxxxxx Money (other than the Nonrefundable Deposit which will be paid to Seller) will be promptly returned to Purchaser, and neither party shall have any further right or not the Properxx xx acceptable. Buyer's failure obligation hereunder other than as set forth herein with respect to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" conditionrights or obligations which survive termination. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract is not terminated in the manner and within the time provided in this Section 6(a), Purchaser's right to terminate this Contract pursuant to this Section 6(a) and any and all objections with respect to the Feasibility Study will be deemed terminated as of the day after the to have been waived by Purchaser for all purposes. The Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested partiesat Purchaser's expense.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ________________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment appropriate xxxxxnment agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxeslxxxxx, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by Buyer. Buyer will not engage in any activity that xxxxx result coxxx xesult in a construction /SL/ /BG/ lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting xesulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Properxx xx acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested parties.

Feasibility Study. Buyer willPurchaser is granted a license to enter upon the Property to conduct such nondestructive engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, at Buyer's expense including studies or inspections to determine the existence of any environmental hazards or conditions as Purchaser deems necessary or advisable and within ____ days from Effective Date for reviewing and copying those of the Submission Matters noted as to be provided on-site (collectively, the "Feasibility Study Study") during the period (the "Feasibility Period"), determine whether which commenced on June 15, 2015) under the Property is suitableterms of that certain Access and Due Diligence Agreement between the parties (the "Access Agreement")) and ending at 5:00 p.m., Central Time, on July 30, 2015. If this Contract remains in Buyer's sole and absolute discretioneffect after expiration of the Feasibility Period, for ___________________ use. During then Purchaser may continue the Feasibility Study Perioduntil Closing. With Seller's permission, Buyer after Seller has received at least two full Business Days advance written notice of the intended date of entry (which request may conduct a Phase I environmental assessment be via email without requirement for additional form of delivery and any which permission, unless promptly denied in writing, shall be deemed granted), Purchaser or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests, analyses, surveys tests and investigations ("Inspections") that Buyer deems inspections which may be deemed necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability by Purchaser for the BuyerFeasibility Study. Purchaser must be accompanied by Seller's intended use. If manager for the Property must be rezonedor another designated representative of Seller (Xxxxx Xxxxxxxx), Buyer will obtain or have received Seller's written permission prior to entering upon the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file Property in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Purchaser's Feasibility Study Period for the purpose of conducting inspectionsStudy; provided, however, that Buyer, its agents, contractors and assigns Purchaser may not enter into any space leased by any tenant without being accompanied by Seller's manager for the Property or another designated representative of Seller (Xxxxx Xxxxxxxx). Seller agrees to make its manager or other representative reasonably available during normal business hours. Purchaser will not conduct physical or invasive testing or testing involving sampling (including, without limitation, any environmental testing other than a Phase I study) without notifying Seller of its requested tests, and conduct inspections at their own riskobtaining the written consent of Seller. Buyer will indemnify and hold Seller harmless from xxxxesBefore conducting any test or investigation involving physical disturbance, damages, costs, claims and expenses sampling or invasive testing of any natureportion of the Property, including attorney's feesPurchaser shall provide Seller with a reasonably detailed testing plan outlining the tests Purchaser intends to perform. No such tests shall be conducted without Seller’s prior written approval of the testing plan and the specific test or investigation, expenses and liability incurred in application which approval may be via email from Seller’s designated representative without requirement for rezoning additional form of delivery of notice. Purchaser will exercise commercially reasonable efforts to conduct or related proceedings, and from liability cause to any person, arising from the conduct of any and be conducted all inspections of any work authorized by Buyer. Buyer and tests in a manner and at times that will not engage unreasonably interfere with any tenant's use and occupancy of the Property. Purchaser shall comply with all federal, state and local laws, rules, regulations and ordinances which might in any activity way relate to the Feasibility Study. If Purchaser determines, in its sole judgment, that xxxxx result in a construction lien being filed against the Property without Selleris not suitable for any reason for Purchaser's prior written consent. If intended use or purpose, is not in satisfactory condition, or that Purchaser otherwise no longer desires to purchase the Property, then Purchaser may terminate this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver Contract by written notice to Seller prior to the expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Nonrefundable Deposit which will be paid to Seller) will be promptly returned to Purchaser, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated in the manner and within the time provided in this Section 6(a), Purchaser's right to terminate this Contract pursuant to this Section 6(a) and any and all objections with respect to the Feasibility Study Period will be deemed to have been waived by Purchaser for all purposes. The Feasibility Study will be at Purchaser's expense. Purchase and Sale Agreement15233092_2 10 (b) Restoration of BuyerProperty. Purchaser will, at its own expense, promptly repair any damage to the Property relating to or caused by the tests and inspections performed by Purchaser or any Purchaser Representative (defined below) under this Contract or the Access Agreement, free of any mechanic's determination or materialman's liens or other encumbrances arising out of whether any of the inspections or not the Properxx xx acceptabletests. Buyer's failure to comply with this notice requirement will constitute acceptance Neither Purchaser nor any Purchaser Representative shall damage any part of the Property as suitable or any personal property owned or held by any tenant or third party. The obligations under this subparagraph shall survive for Buyer's intended use in its "as is" condition. If (a) three (3) months following any termination of this Contract with respect to any claim of Seller unrelated to a claim of a third party unaffiliated with Seller or Seller’s property manager, and (b) the Property is unacceptable applicable statute of limitations with respect to Buyer and any claim of Seller relating to a claim made by a third party unaffiliated with Seller or Seller’s property manager; provided however that if Seller shall have provided written notice to Purchaser with reasonable detail of this fact a specified claim for which Purchaser is timely delivered to Sellerresponsible hereunder within the period provided in subsection (a) or (b), this Contract will as applicable, then such period shall be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested partiesextended until such claim is resolved.

Feasibility Study. Buyer will, at Buyer's expense and within ____ 60 days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ___________________ residential development use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, water and other utilities; consistency with local, state and regional growth management plans, ; availability of permits, government approvals, and licenses; and other inspections Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment appropriate government agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting inspectionsInspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections Inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxeslosses, damages, costs, claims and expenses of any nature, including attorney's attorneys' fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of Inspections or any work authorized by Buyer. Buyer will not engage in any activity that xxxxx could result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Properxx xx Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested parties.constitute

Feasibility Study. Buyer willPurchaser is granted a license to enter upon the Property to conduct such nondestructive engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, at Buyer's expense including studies or inspections to determine the existence of any environmental hazards or conditions as Purchaser deems necessary or advisable and within ____ days from Effective Date for reviewing and copying those of the Submission Matters noted as to be provided on-site (collectively, the "Feasibility Study Study") during the period (the "Feasibility Period"), determine whether which commenced on June 15, 2015) under the Property is suitableterms of that certain Access and Due Diligence Agreement between the parties (the "Access Agreement")) and ending at 5:00 p.m., Central Time, on July 30, 2015. If this Contract remains in Buyer's sole and absolute discretioneffect after expiration of the Feasibility Period, for ___________________ use. During then Purchaser may continue the Feasibility Study Perioduntil Closing. With Seller's permission, Buyer after Seller has received at least two full Business Days advance written notice of the intended date of entry (which request may conduct a Phase I environmental assessment be via email without requirement for additional form of delivery and any which permission, unless promptly denied in writing, shall be deemed granted), Purchaser or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests, analyses, surveys tests and investigations ("Inspections") that Buyer deems inspections which may be deemed necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability by Purchaser for the BuyerFeasibility Study. Purchaser must be accompanied by Seller's intended use. If manager for the Property must be rezonedor another designated representative of Seller (Xxxxx Xxxxxxxx), Buyer will obtain or have received Seller's written permission prior to entering upon the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file Property in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Purchaser's Feasibility Study Period for the purpose of conducting inspectionsStudy; provided, however, that Buyer, its agents, contractors and assigns Purchaser may not enter into any space leased by any tenant without being accompanied by Seller's manager for the Property or another designated representative of Seller (Xxxxx Xxxxxxxx). Seller agrees to make its manager or other representative reasonably available during normal business hours. Purchaser will not conduct physical or invasive testing or testing involving sampling (including, without limitation, any environmental testing other than a Phase I study) without notifying Seller of its requested tests, and conduct inspections at their own riskobtaining the written consent of Seller. Buyer will indemnify Before conducting any test or investigation involving physical disturbance, sampling Purchase and hold Seller harmless from xxxxes, damages, costs, claims and expenses Sale Agreement 15233094_2 9 or invasive testing of any natureportion of the Property, including attorney's feesPurchaser shall provide Seller with a reasonably detailed testing plan outlining the tests Purchaser intends to perform. No such tests shall be conducted without Seller’s prior written approval of the testing plan and the specific test or investigation, expenses and liability incurred in application which approval may be via email from Seller’s designated representative without requirement for rezoning additional form of delivery of notice. Purchaser will exercise commercially reasonable efforts to conduct or related proceedings, and from liability cause to any person, arising from the conduct of any and be conducted all inspections of any work authorized by Buyer. Buyer and tests in a manner and at times that will not engage unreasonably interfere with any tenant's use and occupancy of the Property. Purchaser shall comply with all federal, state and local laws, rules, regulations and ordinances which might in any activity way relate to the Feasibility Study. If Purchaser determines, in its sole judgment, that xxxxx result in a construction lien being filed against the Property without Selleris not suitable for any reason for Purchaser's prior written consent. If intended use or purpose, is not in satisfactory condition, or that Purchaser otherwise no longer desires to purchase the Property, then Purchaser may terminate this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver Contract by written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether Period, in which case the Xxxxxxx Money (other than the Nonrefundable Deposit which will be paid to Seller) will be promptly returned to Purchaser, and neither party shall have any further right or not the Properxx xx acceptable. Buyer's failure obligation hereunder other than as set forth herein with respect to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" conditionrights or obligations which survive termination. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract is not terminated in the manner and within the time provided in this Section 6(a), Purchaser's right to terminate this Contract pursuant to this Section 6(a) and any and all objections with respect to the Feasibility Study will be deemed terminated as of the day after the to have been waived by Purchaser for all purposes. The Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested partiesat Purchaser's expense.

Feasibility Study. Buyer willPurchaser is granted a license to enter upon the Property to conduct such nondestructive engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, at Buyer's expense including studies or inspections to determine the existence of any environmental hazards or conditions as Purchaser deems necessary or advisable and within ____ days from Effective Date for reviewing and copying those of the Submission Matters noted as to be provided on-site (collectively, the "Feasibility Study Study") during the period (the "Feasibility Period"), determine whether which commenced on June 15, 2015) under the Property is suitableterms of that certain Access and Due Diligence Agreement between the parties (the "Access Agreement")) and ending at 5:00 p.m., Central Time, on July 30, 2015. If this Contract remains in Buyer's sole and absolute discretioneffect after expiration of the Feasibility Period, for ___________________ use. During then Purchaser may continue the Feasibility Study Perioduntil Closing. With Seller's permission, Buyer after Seller has received at least two full Business Days advance written notice of the intended date of entry (which request may conduct a Phase I environmental assessment be via email without requirement for additional form of delivery and any which permission, unless promptly denied in writing, shall be deemed granted), Purchaser or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests, analyses, surveys tests and investigations ("Inspections") that Buyer deems inspections which may be deemed necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability by Purchaser for the BuyerFeasibility Study. Purchaser must be accompanied by Seller's intended use. If manager for the Property must be rezonedor another designated representative of Seller (Xxxxx Xxxxxxxx), Buyer will obtain or have received Seller's written permission prior to entering upon the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file Property in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Purchaser's Feasibility Study Period for the purpose of conducting inspectionsStudy; provided, however, that Buyer, its agents, contractors and assigns Purchaser may not enter into any space leased by any tenant without being accompanied by Seller's manager for the Property or another designated representative of Seller (Xxxxx Xxxxxxxx). Seller agrees to make its manager or other representative reasonably available during normal business hours. Purchaser will not conduct physical or invasive testing or testing involving sampling (including, without limitation, any environmental testing other than a Phase I study) without notifying Seller of its requested tests, and conduct inspections at their own riskobtaining the written consent of Seller. Buyer will indemnify Before conducting any test or investigation involving physical disturbance, sampling Purchase and hold Seller harmless from xxxxes, damages, costs, claims and expenses Sale Agreement15233094_2 9 or invasive testing of any natureportion of the Property, including attorney's feesPurchaser shall provide Seller with a reasonably detailed testing plan outlining the tests Purchaser intends to perform. No such tests shall be conducted without Seller’s prior written approval of the testing plan and the specific test or investigation, expenses and liability incurred in application which approval may be via email from Seller’s designated representative without requirement for rezoning additional form of delivery of notice. Purchaser will exercise commercially reasonable efforts to conduct or related proceedings, and from liability cause to any person, arising from the conduct of any and be conducted all inspections of any work authorized by Buyer. Buyer and tests in a manner and at times that will not engage unreasonably interfere with any tenant's use and occupancy of the Property. Purchaser shall comply with all federal, state and local laws, rules, regulations and ordinances which might in any activity way relate to the Feasibility Study. If Purchaser determines, in its sole judgment, that xxxxx result in a construction lien being filed against the Property without Selleris not suitable for any reason for Purchaser's prior written consent. If intended use or purpose, is not in satisfactory condition, or that Purchaser otherwise no longer desires to purchase the Property, then Purchaser may terminate this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver Contract by written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether Period, in which case the Xxxxxxx Money (other than the Nonrefundable Deposit which will be paid to Seller) will be promptly returned to Purchaser, and neither party shall have any further right or not the Properxx xx acceptable. Buyer's failure obligation hereunder other than as set forth herein with respect to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" conditionrights or obligations which survive termination. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract is not terminated in the manner and within the time provided in this Section 6(a), Purchaser's right to terminate this Contract pursuant to this Section 6(a) and any and all objections with respect to the Feasibility Study will be deemed terminated as of the day after the to have been waived by Purchaser for all purposes. The Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested partiesat Purchaser's expense.

Feasibility Study. Buyer will, at Buyer's expense is granted the right to conduct engineering and/or market and within ____ days from Effective Date ("Feasibility Study Period"), determine whether economic feasibility studies of the Property is suitable, in Buyer's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction physical inspection of the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other including studies or inspections that Buyer deems appropriate to determine the Property's suitability existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Standard Time, on November 30, 2011. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least twenty-four (24) hours advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer for the Buyer's intended useFeasibility Study. If Buyer must be accompanied by Seller’s manager for the Property must be rezoned, Buyer will obtain or another designated representative of Seller or have received Seller’s written permission prior to entering upon the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file Property in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the ’s Feasibility Study Period for the purpose of conducting inspectionsStudy; provided, however, that Buyer, its agents, contractors and assigns Buyer may not enter into any space leased by any tenant without being accompanied by Seller’s manager for the Property and conduct inspections at their own riskor another designated representative of Seller. Buyer will indemnify and hold Seller harmless from xxxxes, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning agrees to make its manager or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by Buyerother representative reasonably available during normal business hours. Buyer will not engage in any activity that xxxxx result in a construction lien being filed against alter the physical condition of the Property without Seller's prior notifying Seller of its requested tests, and obtaining the written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages consent of Seller to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct any physical alteration of the Inspections, and (2) release to Seller all reports and other work generated as a result of the InspectionsProperty. Buyer will deliver exercise its best efforts to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to the expiration of the Feasibility Study Period of Period, in which case the Xxxxxxx Money will be returned to Buyer's determination of whether , and neither party shall have any further right or not the Properxx xx acceptable. Buyer's failure obligation hereunder other than as set forth herein with respect to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" conditionrights or obligations which survive termination. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract is not terminated in the manner and within the time provided in this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed terminated as of the day after the to have been waived by Buyer for all purposes. The Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested partiesat Buyer’s expense.

Feasibility Study. Buyer willPurchaser is granted a license to enter upon the Property to conduct such nondestructive engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, at Buyer's expense including studies or inspections to determine the existence of any environmental hazards or conditions as Purchaser deems necessary or advisable and within ____ days from Effective Date for reviewing and copying those of the Submission Matters noted as to be provided on-site (collectively, the "Feasibility Study Study") during the period (the "Feasibility Period"), determine whether which commenced on June 15, 2015) under the Property is suitableterms of that certain Access and Due Diligence Agreement between the parties (the "Access Agreement")) and ending at 5:00 p.m., Central Time, on July 30, 2015. If this Contract remains in Buyer's sole and absolute discretioneffect after expiration of the Feasibility Period, for ___________________ use. During then Purchaser may continue the Feasibility Study Perioduntil Closing. With Seller's permission, Buyer after Seller has received at least two full Business Days advance written notice of the intended date of entry (which request may conduct a Phase I environmental assessment be via email without requirement for additional form of delivery and any which permission, unless promptly denied in writing, shall be deemed granted), Purchaser or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests, analyses, surveys tests and investigations ("Inspections") that Buyer deems inspections which may be deemed necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability by Purchaser for the BuyerFeasibility Study. Purchaser must be accompanied by Seller's intended use. If manager for the Property must be rezonedor another designated representative of Seller (Xxxxx Xxxxxxxx), Buyer will obtain or have received Seller's written permission prior to entering upon the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file Property in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Purchaser's Feasibility Study Period for the purpose of conducting inspectionsStudy; provided, however, that Buyer, its agents, contractors and assigns Purchaser may not enter into any space leased by any tenant without being accompanied by Seller's manager for the Property or another designated representative of Seller (Xxxxx Xxxxxxxx). Seller agrees to make its manager or other representative reasonably available during normal business hours. Purchaser will not conduct physical or invasive testing or testing involving sampling (including, without limitation, any environmental testing other than a Phase I study) without notifying Seller of its requested tests, and conduct inspections at their own riskobtaining the written consent of Seller. Buyer will indemnify and hold Seller harmless from xxxxesBefore conducting any test or investigation involving physical disturbance, damages, costs, claims and expenses sampling or invasive testing of any natureportion of the Property, including attorney's feesPurchaser shall provide Seller with a reasonably detailed testing plan outlining the tests Purchaser intends to perform. No such tests shall be conducted without Seller’s prior written approval of the testing plan and the specific test or investigation, expenses and liability incurred in application which approval may be via email from Seller’s designated representative without requirement for rezoning additional form of delivery of notice. Purchaser will exercise commercially reasonable efforts to conduct or related proceedings, and from liability cause to any person, arising from the conduct of any and be conducted all inspections of any work authorized by Buyer. Buyer and tests in a manner and at times that will not engage unreasonably interfere with any tenant's use and occupancy of the Property. Purchaser shall comply with all federal, state and local laws, rules, regulations and ordinances which might in any activity way relate to the Feasibility Study. If Purchaser determines, in its sole judgment, that xxxxx result in a construction lien being filed against the Property without Selleris not suitable for any reason for Purchaser's prior written consent. If intended use or purpose, is not in satisfactory condition, or that Purchaser otherwise no longer desires to purchase the Property, then Purchaser may terminate this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver Contract by written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether Period, in which case the Xxxxxxx Money (other than the Nonrefundable Deposit which will be paid to Seller) will be promptly returned to Purchaser, and neither party shall have any further right or not the Properxx xx acceptable. Buyer's failure obligation hereunder other than as set forth herein with respect to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" conditionrights or obligations which survive termination. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract is not terminated in the manner and within the time provided in this Section 6(a), Purchaser's right to terminate this Contract pursuant to this Section 6(a) and any and all objections with respect to the Feasibility Study will be deemed terminated as of the day after the to have been waived by Purchaser for all purposes. The Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested parties.at Purchaser's expense. Purchase and Sale Agreement15233079_2 10

Feasibility Study. Buyer will, at Buyer's ’s expense and within ____ 75 days from Effective Date ("“Feasibility Study Period"”), determine whether the Property is suitable, in Buyer's ’s sole and absolute discretion, for ____________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("“Inspections"”) that Buyer deems necessary to determine to Buyer's ’s satisfaction the Property's ’s engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional growth management plans, ; availability of permits, government approvals, and licenses; : and other inspections Inspections that Buyer deems appropriate to determine the Property's ’s suitability for the Buyer's ’s intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment appropriate government agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting inspectionsInspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections Inspections at their own risk. , Buyer will indemnify indemnity and hold Seller harmless from xxxxeslosses, damages, costs, claims and expenses of any nature, including attorney's attorneys’ fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of Inspections or any work authorized by Buyer. Buyer will not engage in any activity that xxxxx could result in a construction lien being filed against the Property without Seller's ’s prior written consent. If this transaction does not close, Buyer will, at Buyer's ’s expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's ’s determination of whether or not the Properxx xx Property is acceptable. Buyer's ’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's ’s intended use in its "“as is" ” condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's ’s deposit(s) will be returned after Escrow Axxxx Agent receives proper authorization form from all interested parties.

Feasibility Study. During the Feasibility Period, Buyer willshall have the right to conduct, at Buyer's expense its sole cost and within ____ days from Effective Date ("Feasibility Study Period")expense, such investigations, studies, surveys, analyses and tests on and of the Property as it shall, in its sole discretion, determine whether the Property is suitableare necessary or desirable, including, without limitation, soil tests, environmental audits and studies, and make such evaluations as Buyer may, in Buyer's its sole and absolute discretion, for ___________________ usedetermine are necessary or desirable under the circumstances, all subject to Article 7 below. During In order to perform the Feasibility Study Periodforegoing investigations, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors contractors, employees and assignspotential lenders, the right shall have reasonable access to enter the Property at any time during the Feasibility Study Period (subject to Buyer's reasonable security requirements and conditions), all for the purpose purposes of inspecting the same and conducting tests, inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxes, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any personanalyses thereon and making evaluations thereof, arising from the conduct of any and all inspections of any work authorized by Buyer. Buyer will not engage in any activity that xxxxx result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages . Buyer's rights to the Property resulting from the Inspections and return enter onto the Property to conduct the condition it was in prior aforementioned studies, investigations or inspections shall be subject to conduct the provisions of Article 7 below. If Buyer does not give Seller written notice of approval of the Inspections, and (2) release to Seller all reports and other work generated as a result results of the Inspections. Buyer will deliver written notice to Seller prior to its feasibility study on or before the expiration of the Feasibility Study Period of Buyer's determination of whether Period, then the conditions set forth in this Section 5.1.2 shall be deemed unsatisfied and Buyer shall be deemed to have disapproved the Property. On or not before the Properxx xx acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance expiration of the Feasibility Period, Seller shall notify Buyer in writing of the items of Personal Property, if any, presently located within the Buildings that Seller will remove, or cause to be removed, at Seller's cost, from the Buildings prior to the Close of Escrow hereunder and any items of Personal Property as suitable presently located within such Buildings that are not so identified for Buyer's intended use removal prior to the Close of Escrow by Seller (the "Remaining Personal Property") shall be conveyed to Buyer at the closing in its "as is" conditioncondition at no additional cost to Buyer. If Promptly following the date the Remaining Personal Property is unacceptable identified, the parties shall attach the list of Remaining Personal Property to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated Agreement as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested parties.Exhibit C.

Feasibility Study. Buyer BUYER will, at Buyer's BUYER’s expense and within ____ days from Effective Date ("“Feasibility Study Period"”), determine whether the Property is suitable, in Buyer's BUYER’s sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer BUYER may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("“Inspections"”) that Buyer BUYER deems necessary to determine to Buyer's BUYER’s sole satisfaction the Property's ’s engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency consistent with local, state and regional growth management plans, ; availability of permits, government approvals, and licenses; and other inspections Inspections that Buyer BUYER deems appropriate to determine the Property's ’s suitability for the Buyer's BUYER’s intended use. SELLER does not authorize BUYER to have the Property rezoned. XXXXXX agrees to cooperate with BUYER to have the Property rezoned to a zoning classification acceptable to both parties. If the parties can not agree upon an acceptable zoning classification, than either party may terminate this Agreement and BUYER’s Deposit(s) will be returned. If SELLER agrees that Property must be rezoned, Buyer rezoned BUYER will obtain the rezoning from the appropriatx xxxernment appropriate government agencies. Seller SELLER will sign all documents Buyer BUYER is required to file in connection with the development or rezoning approvals. Seller SELLER will not be responsible for any fees or costs incurred in connection with the actions undertaken by the BUYER. SELLER gives BuyerBUYER, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting inspectionsInspections; provided, however, that BuyerBUYER, its agents, contractors and assigns enter the Property and conduct inspections Inspections at their own risk. Buyer BUYER will indemnify and hold Seller SELLER harmless from xxxxeslosses, damages, costs, claims and expenses of any nature, including attorney's attorneys’ fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of Inspections or any work authorized by BuyerBUYER. Buyer BUYER will not engage in any activity that xxxxx could result in a construction lien being filed against the Property without Seller's SELLER’s prior written consent. If this transaction does not close, Buyer BUYER will, at Buyer's BUYER’s expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller SELLER all reports and other work generated as a result of the Inspections. Buyer XXXXX will deliver written notice to Seller SELLER prior to the expiration of the Feasibility Study Period of Buyer's BUYER’s determination of whether or not the Properxx xx Property is acceptable. Buyer's XXXXX’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's BUYER’s intended use in its "as is" it’s “As Is” condition. If the Property is unacceptable to Buyer BUYER and written notice of this fact is timely delivered to SellerSELLER, this Contract Agreement will be deemed terminated as of the day after date of the Feasibility Study period ends BUYER’s notice and Buyer's deposit(sBUYER’s Deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested partiesreturned. This provision shall survive the closing.

Feasibility Study. Buyer willPurchaser is granted a license to enter upon the Property to conduct such nondestructive engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, at Buyer's expense including studies or inspections to determine the existence of any environmental hazards or conditions as Purchaser deems necessary or advisable and within ____ days from Effective Date for reviewing and copying those of the Submission Matters noted as to be provided on-site (collectively, the "Feasibility Study Study") during the period (the "Feasibility Period"), determine whether which commenced on June 15, 2015) under the Property is suitableterms of that certain Access and Due Diligence Agreement between the parties (the "Access Agreement")) and ending at 5:00 p.m., Central Time, on July 30, 2015. If this Contract remains in Buyer's sole and absolute discretioneffect after expiration of the Feasibility Period, for ___________________ use. During then Purchaser may continue the Feasibility Study Perioduntil Closing. With Seller's permission, Buyer after Seller has received at least two full Business Days advance written notice of the intended date of entry (which request may conduct a Phase I environmental assessment be via email without requirement for additional form of delivery and any which permission, unless promptly denied in writing, shall be deemed granted), Purchaser or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests, analyses, surveys tests and investigations ("Inspections") that Buyer deems inspections which may be deemed necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability by Purchaser for the BuyerFeasibility Study. Purchaser must be accompanied by Seller's intended use. If manager for the Property must be rezonedor another designated representative of Seller (Xxxxx Xxxxxxxx), Buyer will obtain or have received Seller's written permission prior to entering upon the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file Property in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Purchaser's Feasibility Study Period for the purpose of conducting inspectionsStudy; provided, however, that Buyer, its agents, contractors and assigns Purchaser may not enter into any space leased by any tenant without being accompanied by Seller's manager for the Property or another designated representative of Seller (Xxxxx Xxxxxxxx). Seller agrees to make its manager or other representative reasonably available during normal business hours. Purchaser will not conduct physical or invasive testing or testing involving sampling (including, without limitation, any environmental testing other than a Phase I study) without notifying Seller of its requested tests, and conduct inspections at their own riskobtaining the written consent of Seller. Buyer will indemnify and hold Seller harmless from xxxxesBefore conducting any test or investigation involving physical disturbance, damages, costs, claims and expenses sampling or invasive testing of any natureportion of the Property, including attorney's feesPurchaser shall provide Seller with a reasonably detailed testing plan outlining the tests Purchaser intends to perform. No such tests shall be conducted without Seller’s prior written approval of the testing plan and the specific test or investigation, expenses and liability incurred in application which approval may be via email from Seller’s designated representative without requirement for rezoning additional form of delivery of notice. Purchaser will exercise commercially reasonable efforts to conduct or related proceedings, and from liability cause to any person, arising from the conduct of any and be conducted all inspections of any work authorized by Buyer. Buyer and tests in a manner and at times that will not engage unreasonably interfere with any tenant's use and occupancy of the Property. Purchaser shall comply with all federal, state and local laws, rules, regulations and ordinances which might in any activity way relate to the Feasibility Study. If Purchaser determines, in its sole judgment, that xxxxx result in a construction lien being filed against the Property without Selleris not suitable for any reason for Purchaser's prior written consent. If intended use or purpose, is not in satisfactory condition, or that Purchaser otherwise no longer desires to purchase the Property, then Purchaser may terminate this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver Contract by written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether Period, in which case the Xxxxxxx Money (other than the Nonrefundable Deposit which will be paid to Seller) will be promptly returned to Purchaser, and neither party shall have any further right or not the Properxx xx acceptable. Buyer's failure obligation hereunder other than as set forth herein with respect to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" conditionrights or obligations which survive termination. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract is not terminated in the manner and within the time provided in this Section 6(a), Purchaser's right to terminate this Contract pursuant to this Purchase and Sale Agreement15233085_2 9 Section 6(a) and any and all objections with respect to the Feasibility Study will be deemed terminated as of the day after the to have been waived by Purchaser for all purposes. The Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested partiesat Purchaser's expense.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for __________________________________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment agenciesappropriate governmxxx xgencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxeslosses, damagesxxxxxes, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by Buyer. Buyer will not engage in any activity that xxxxx result in could resxxx xn a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Properxx xx acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested parties.not

Feasibility Study. This Real Estate Purchase and Sale Agreement, the contract resulting from the Seller's acceptance hereof, and the closing of the escrow to be created thereunder, are expressly contingent upon the following: Within 30 days of execution hereof by both Buyer willand Seller, Buyer shall complete a feasibility study for developing the property. The study shall include a complete review of the property and the proposed project thereon. Buyer's decision to continue or to terminate this Agreement shall be final and entirely within Buyer's sole discretion. Buyer's election to continue this Agreement must be in writing, accompanied by the check for the remaining $40,000 of xxxxxxx money, delivered to Chicago Title, Cascade Park Office on or before the expiration of the 30-day feasibility period and deposited in the interest bearing account described in Section 1, above. Should Buyer not approve the Feasibility Study within the time frames stipulated herein, then Buyer shall have the right to void the transaction by giving written notice of termination to Seller or its agents on or before such 30th day whereupon all xxxxxxx money paid and accrued interest shall be refunded to Buyer and this Agreement shall be of no further binding effect. If no notice of acceptance or rejection is received, the condition shall be deemed failed, and this Agreement shall be deemed terminated and of no further binding effect whereupon all xxxxxxx money paid and accrued interest shall be refunded to Buyer. Buyer and Seller may not void or terminate the transaction as to one portion of the property and not as to another; acceptance or rejection of the property must be as to the entirety of the property described in Exhibit X. The Feasibility Study shall be completed at Buyer's expense provided Buyer shall have access to the subject property for purposes including but not limited to surveys, environmental and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, hazardous substance analyses, surveys engineering and investigations ("Inspections") that Buyer deems necessary to determine wetland reports for the subject property. Within seven days of mutual acceptance of this Agreement, Seller shall deliver to Buyer's satisfaction the Property's agent copies of all studies, reports, surveys, engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, wateretc. completed for the subdivision, and other utilities; consistency with local, state and regional growth management plans, availability copies of permits, government approvalsthe organizational documents of the homeowners association, and licenses; make available for review all Architectural Review Committee decisions, findings, correspondence, and all other inspections that Architectural Review Committee Documents, and make available for review all correspondence and all other documents received or prepared by the homeowners association. If pursuant to the feasibility ADDENDUM TO THE PURCHASE AND SALE AGREEMENT BY AND BETWEEN XXXXXXX HOMES, INC. AS BUYER AND COOP FAMILY LIMITED PARTNERSHIP AS SELLER study Buyer deems appropriate elects not to determine purchase the Property's suitability for property Buyer shall return to Seller within 7 days the entire work file, including any copies made by Buyer and any originals and copies delivered to Buyer. The information previously delivered and to be delivered shall be treated by Buyer as confidential and shall not be disclosed to third parties until the second closing has occurred except under these conditions of confidentiality to Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assignsarchitects. Buyer's feasibility contingencies, the right to enter the Property at any time during the Feasibility Study Period as contained herein, are intended for the purpose sole benefit of conducting inspections; providedBuyer. Seller agrees to provide Buyer access to said property and documents, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. provided Buyer will indemnify and agrees to hold Seller harmless from xxxxesany liability arising therefrom and that upon completion of the feasibility period, damagesBuyer will return the property to its condition preceding inspection. Buyer warrants that Buyer will act in a prudent and diligent manner in removing the contingencies outlined above. Notwithstanding the provisions of Section 3, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedingsTitle, and from liability Section 4, Title Insurance, of the printed Land Form attached to any personthis Agreement, arising from Seller shall present the conduct preliminary title report and copies of any and all inspections exceptions listed therein within ten days after mutual execution of any work authorized by Buyerthis Agreement or as soon thereafter as possible. Buyer will not engage shall have ten days from receipt of such items to accept or reject the status of title and such exceptions in any activity that xxxxx result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspectionsits sole discretion, and (2) release to shall notify Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller in writing prior to the expiration of such period whether it accepts such title and exceptions or waives them, or whether it rejects such title or exception and is electing to terminate the Feasibility Study Period of Agreement, in which event all xxxxxxx money and interest thereon will be returned to Buyer's determination of whether or not the Properxx xx acceptable. Buyer's failure Failure to comply with this give notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as acceptance of the day after the Feasibility Study period ends title and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested partiesexceptions.

Feasibility Study. Buyer will, Purchaser shall conduct at Buyer's its sole cost and expense and within ____ days from Effective Date a feasibility study of the Real Property (the "Feasibility Study Study"), which study may include but shall not be limited to, (i) reviewing and approving the Phase I Report and all Property Documents required to be provided to Purchaser by Seller, and (ii) conducting such engineering and soils studies, environmental assessments, utilities investigations, wetlands investigations, if applicable, surveys and regulatory reviews, as Purchaser deems appropriate to the development of an assisted living facility consisting of at least one hundred (100) units consistent with the development plans of Purchaser (the "Facility"). Within One Hundred Eighty (180) days following the mutual execution of this Agreement (the "Feasibility Period"), determine whether Purchaser shall have approved or disapproved the Property is suitableresults of said Feasibility Study. In the event Purchaser disapproves the Feasibility Study, in Buyeror if Purchaser fails to timely notify Seller of Purchaser's sole and absolute discretion, for ___________________ use. During approval or disapproval regarding the Feasibility Study (in which event Purchaser shall be conclusively deemed to have disapproved such Feasibility Study), Purchaser shall have the right to terminate this Agreement, which right shall be exercised, if at all, within five (5) business days after the last day of the Feasibility Period. Upon such termination, Buyer may conduct a Phase I environmental assessment Purchaser shall be entitled to the return of its Initial Earnest Money Deposit and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment agenciesparties shxxx xxxe no further rights or obligations hereunder. Seller will sign all documents Buyer is required hereby grants to file in connection with development or rezoning approvals. Seller gives Buyer, Purchaser and/or its agents, consultants and contractors and assigns, the right to enter the Real Property at any time during the Feasibility Study Period for the purpose of conducting inspectionsperforming such tests, studies, assessments and investigations as Purchaser determines necessary in connection with its Feasibility Study of the Real Property; provided, however, that Buyer, the activities conducted by Purchaser and/or any of its agents, consultants or contractors and assigns enter shall not materially change or alter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxes, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by Buyer. Buyer will not engage in any activity that xxxxx result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct character of the Inspections, and (2) release Real Property. Seller further agrees to Seller all reports and other work generated as a result of fully cooperate with Purchaser concerning the Inspections. Buyer will deliver written notice to Seller prior to the expiration components of the Feasibility Study Period of Buyer's determination of whether or not the Properxx xx acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form all interested partiesStudy.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment appropriate government agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxeslosses, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by Buyer. Buyer will not engage in any activity that xxxxx could result in a construction lien being filed against the Property without Seller's prior /SL/ /SG/ written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Properxx xx Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx Agent receives proper authorization form all interested parties.

Feasibility Study. Buyer willPurchaser shall have the right to conduct engineering and/or market and economic feasibility studies of the Real Property and a physical inspection of the Real Property, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other including studies or inspections that Buyer deems appropriate to determine the Property's suitability existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Inspection Period”) commencing on the Effective Date and ending at 11:59 p.m., prevailing Central Time, on September 24, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Purchaser’s examination of the Real Property and to provide at least 24-hours’ advance written notice to any affected tenants, Purchaser or its designated agents may enter upon the Real Property during normal business hours for purposes of analysis or other tests and inspections that may be deemed necessary by Purchaser for the Buyer's intended useFeasibility Study. If the Property Purchaser must be rezonedaccompanied by a representative of NNP Residential, Buyer will obtain LLC (the rezoning from ”Property Manager”), the appropriatx xxxernment agencies. property manager for the Real Property, or another designated representative of Seller will sign all documents Buyer is required or have received Seller’s written permission prior to file entering upon the Real Property in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Purchaser’s Feasibility Study Period for the purpose of conducting inspectionsStudy; provided, however, that Buyer, its agents, contractors and assigns Purchaser may not enter into any space leased by any tenant without being accompanied by the Property and conduct inspections at their own riskManager or another designated representative of Seller. Buyer Seller shall make the Property Manager, Seller’s manager or another representative reasonably available during normal business hours. Purchaser will indemnify and hold not alter the physical condition of the Real Property without notifying Seller harmless from xxxxes, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedingsits requested tests, and from liability obtaining the written consent of Seller to any personphysical alteration of the Real Property. Purchaser will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times that will not unreasonably interfere with any tenant’s use and occupancy of the Real Property. If Purchaser determines, arising in its sole judgment and for any or no reason whatsoever, that the Real Property is not suitable for Purchaser’s intended use or purpose, or is not in satisfactory condition, then Purchaser may terminate this Agreement in accordance with Section 10.1(d) prior to expiration of the Inspection Period, in which case the Xxxxxxx Money will be returned to Purchaser in accordance with Section 10.4(a). If this Agreement is not terminated pursuant to this Section 5.1, then Purchaser or its designated agents may enter upon the Real Property after expiration of the Inspection Period from time to time during normal business hours and upon advance notice to Seller (which notice may be oral) for the conduct purpose of inspecting the common areas; provided, however, that Purchaser may not enter into any space leased by any tenant without Seller’s consent and without being accompanied by Seller’s manager for the Real Property or another designated representative of Seller. If this Agreement is not terminated pursuant to this Section 5.1, then Purchaser’s right to terminate this Agreement pursuant to this Section 5.1 and any and all inspections of any work authorized by Buyer. Buyer will not engage objections in any activity that xxxxx result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration respect of the Feasibility Study Period of Buyer's determination of whether or not the Properxx xx acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Axxxx receives proper authorization form to have been waived by Purchaser for all interested partiespurposes.

Feasibility Study. Buyer will, at Buyer's expense and within ____ 60 days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ___________________ residential development use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, water and other utilities; consistency with local, state and regional growth management plans, ; availability of permits, government approvals, and licenses; and other inspections Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment appropriate government agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting inspectionsInspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections Inspections at their own risk. Buyer will indemnify and hold Seller harmless from xxxxeslosses, damages, costs, claims and expenses of any nature, including attorney's attorneys' fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of Inspections or any work authorized by Buyer. Buyer will not engage in any activity that xxxxx could result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Properxx xx Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period Period ends and Buyer's deposit(s) will be returned after Escrow Axxxx Agent receives proper authorization form from all interested parties.