Common use of The Purchase Price Clause in Contracts

The Purchase Price. The purchase price for the Property is Forty-Six Million Two Hundred Fifty Thousand Dollars ($46,250,000.00) (the “Purchase Price”) and shall be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: (a) Within three (3) business days after execution of this Agreement by all parties, Purchaser shall deposit in escrow with Lawyers Title Company, whose mailing address is 0000 Xxxxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”) an initial xxxxxxx money deposit in immediately available funds in the amount of Five Hundred Thousand Dollars ($500,000.00) (the “Initial Deposit”). (b) Within one (1) business day after the end of the Due Diligence Period (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent an additional xxxxxxx money deposit in immediately available funds in the amount of One Million Dollars ($1,000,000.00) (the “Additional Deposit”). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to Seller. If the purchase and sale of the Property is consummated as contemplated hereunder, the Deposit plus all interest accrued thereon shall be paid to Seller and credited against the Purchase Price. If the purchase and sale of the Property is not consummated because of the failure of any Purchaser’s Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this Agreement, the Deposit shall be promptly returned to Purchaser. (d) The balance of the Purchase Price over and above the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (c) above shall be paid to Seller by wire transfer of immediately available funds at the Closing, plus or minus all prorations as provided herein. (e) Additionally, at the same time as the deposit of the Initial Deposit with the Escrow Holder, Purchaser shall deliver to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not be applied to the Purchase Price.

The Purchase Price. The purchase price for the Property is Forty-Six Eleven Million Two Seven Hundred Fifty Ninety Thousand and 00/100 Dollars ($46,250,000.0011,790,000.00) (the “Purchase Price”) ), and shall be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: (a) Within three (3) business days after execution of this Agreement by all parties, Purchaser shall fund a deposit in escrow for the purchase of the Property by depositing the amount of Four Hundred Thousand and 00/100 Dollars ($400,000.00) with Lawyers Fidelity National Title Insurance Company, whose mailing address is 0000 Xxxxxxx Xxxxx XxxxxXxxx Xxxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx Xxxxxxxxxx, 00000, AttentionAttn: Xxx Xxxxx; Xx. Xxxxxxx Xxxxxxxxx, Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent e-mail: xxxxxxx.xxxxxxxxx@xxx.xxx (“Escrow AgentTitle Company”) as an initial xxxxxxx money deposit in immediately available funds in the amount of Five Hundred Thousand Dollars ($500,000.00) (the “Initial Deposit”). (b) Within within one (1) business day after the end of the Due Diligence Period Effective Date (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent an additional xxxxxxx money deposit in immediately available funds in the amount of One Million Dollars ($1,000,000.00) (the “Additional Deposit”hereinafter defined). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent in an interest bearing account insured for the benefit of Seller and Purchaser. The Deposit, plus interest, shall be applicable to the Purchase Price at Closing. The Title Company shall hold and disburse the Deposit in accordance with the provisions of this Agreement. If Purchaser fails to deliver the Deposit to the Title Company within the time period provided in this Section 3(a), then Seller shall have the option to terminate this Agreement by sending written notice to Purchaser within ten (10) days after the federal government in an institution as directed by due date thereof. Provided no proper termination has occurred pursuant to the terms of this Agreement, upon expiration of the Due Diligence Period, subject to the terms of this Agreement, the Deposit, plus interest, shall be non-refundable to Purchaser and reasonably acceptable to Seller. If the purchase and sale of the Property is consummated as contemplated hereunder, the Deposit plus all interest accrued thereon shall be paid applicable to Seller and credited against the Purchase Price. If In the purchase and sale of the Property is not consummated because of the failure of any Purchaser’s Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if this Agreement terminates or the Closing event escrow fails to occur, for any reason close other than as a result of Purchaser’s default under this Agreement, the Deposit shall be promptly returned refundable to PurchaserPurchaser subject to the terms of Section 16(a) below. (db) The balance of the Purchase Price over and above the amounts paid by or credited to Purchaser pursuant to Sections Section 3(a), (b) and (c) above shall be paid to Seller by wire transfer of immediately available funds at the ClosingClosing (as that term is defined in Section 13 below), plus or minus net of all prorations as provided herein. (ec) Additionally, at the same time as the deposit The cost of the Initial Deposit with the Escrow Holder, Purchaser shall deliver to Seller Additional Improvements A as defined in cash the sum of One Hundred and No/100 Dollars ($100.00Section 9(g) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration below is included in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not be applied to the Purchase Price. The cost of the Additional Improvements B as defined in Section 9(g) below is not a part of the Purchase Price and shall be deposited by Purchaser in Escrow at Closing subject to the terms of the Escrow Holdback Agreement as defined in Section 8(c) below.

The Purchase Price. The purchase price (the "Purchase Price") for the Property Project is Forty-Six Sixty Million Two Hundred Fifty Thousand and No/100 Dollars ($46,250,000.0060,000,000.00) (the “Purchase Price”) and shall to be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: (a) Within three (3) business days after execution of this Agreement by all parties, Purchaser shall deposit in escrow with Lawyers Title Company, whose mailing address is 0000 Xxxxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”) an initial xxxxxxx money deposit in immediately available funds in the amount of Five Hundred Thousand Dollars ($500,000.00) (the “Initial Deposit”). (b) Within one (1) business day after the end of the Due Diligence Period (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent an additional xxxxxxx money deposit in immediately available funds in the amount of 2.1 One Million and No/100 Dollars ($1,000,000.00) (such amount and any interest earned on such amount(s), the “Additional "Deposit”). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” ") shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit be paid by Purchaser pursuant to Benchmark Title Services, 2000 XxXxxxxx Xxxxxx, 4th Floor, Dallas, TX 75201 ("Escrow Agent" or "Title Company") within two (2) business days after the terms hereof Effective Date. The Deposit shall be held in escrow by the Escrow Agent to be disbursed as provided in an interest bearing account insured by the federal government in an institution Exxxxxx Money Escrow Agreement, the form of which is attached hereto as directed by Purchaser and reasonably acceptable to SellerExhibit "B" (the "Exxxxxx Money Escrow Agreement"). The parties shall execute the Exxxxxx Money Escrow Agreement contemporaneously with the execution of this Agreement. If the purchase and sale of the Property Project is consummated as contemplated hereunder, in accordance with the Deposit plus all interest accrued thereon shall be paid to Seller terms and credited against the Purchase Price. If the purchase and sale provisions of the Property is not consummated because of the failure of any Purchaser’s Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if then the Deposit shall be applied fully to the Purchase Price at Closing and transferred to an account or accounts designated in writing by Seller. If Purchaser terminates this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this Agreementin accordance with Section 3.3, the Deposit shall be promptly returned to Purchaser. In all other events, the Deposit shall be disposed of by the Title Company as provided in the Exxxxxx Money Escrow Agreement. (d) 2.2 The balance of the Purchase Price over and above after deducting the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (c) above Deposit shall be paid to Seller by wire transfer of immediately available funds at the on Closing, plus or minus all prorations as provided herein. (e) Additionally, at the same time as the deposit of the Initial Deposit with the Escrow Holder, Purchaser shall deliver and adjustments to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed be made pursuant to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not good immediately available United States funds by wire transfer to a bank account or accounts to be applied designated in writing by the Title Company prior to the Purchase PriceClosing for transfer to an account or accounts designated in writing by Seller.

The Purchase Price. The purchase price for the Property is Forty-Six Million Two Hundred Fifty Thousand Dollars shall be the greater of (i) $46,250,000.002,100,000.00 or (ii) $_____N/A___________ (the “"Purchase Price”") and shall be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: (a) Within three five (35) business days after execution of this Agreement by all partiesthe Effective Date, Purchaser shall will deposit in into escrow with Lawyers Chicago Title Insurance Company, whose mailing address is 0000 Xxxxxxx Xxxxx Xxxxx725 Cool Springs Blvd., Xxxxx Sxxxx 000, Xxxxxxx XxxxxXxxxxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: Xxxxxxxxx 00000 (000"Xxxxx Xxxxxxx") 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”) an initial xxxxxxx xx xxxnest money deposit in immediately available immediatexx xxxxlable funds in the amount of Five Hundred Thousand Dollars $20,000 ($500,000.00) (said deposit, and all interest earned thereon, collectively referred to as the “Initial "Deposit”"). (b) Within one (1) business day after the end of the Due Diligence Period (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent an additional xxxxxxx money deposit in immediately available funds in the amount of One Million Dollars ($1,000,000.00) (the “Additional Deposit”). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Title Company in escrow (pursuant to the Escrow Agent Instructions set forth in Section 18 hereof) in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to Seller. The Deposit is fully refundable to Purchaser upon written notice of termination of this transaction on or before the expiration of the Due Diligence Period subject to the prior delivery to Seller or his designated representative, of all of the Due Diligence Materials Seller has furnished Purchaser as set forth in Exhibit C prior to, and subsequent to, the Effective Date of this Agreement and all third party studies, appraisal and reports that Purchaser has ordered or obtained. Seller will immediately notify Title Company upon receipt of these materials, so that the Deposit can be disbursed to Purchaser, it being expressly agreed that the delivery of these materials is a condition precedent to the release of the Deposit to Purchaser. If the purchase and sale of the Property is consummated as contemplated hereunder, the Deposit plus all interest accrued thereon shall either be (i) paid to Seller at the direction of Purchaser and credited against the Purchase Price, or (ii) as otherwise directed by Purchaser so long as the entire Purchase Price is paid. If Provided Purchaser does not terminate this Agreement in accordance with this paragraph, upon the purchase and sale expiration of the Property is not consummated because of the failure of any Purchaser’s Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this AgreementDue Diligence Period, the Deposit shall be promptly returned non-refundable to PurchaserPurchaser except in the event of a default by Seller or as otherwise expressly set forth herein. (dc) The balance of the Purchase Price over and above the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (c3(b) above shall be paid to Seller by wire transfer of immediately available funds at the ClosingClosing (as that term is defined in Section 13 below), plus or minus net of all prorations as provided herein. (e) Additionally, at the same time as the deposit of the Initial Deposit with the Escrow Holder, Purchaser shall deliver to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not be applied to the Purchase Price.

The Purchase Price. The purchase price for the Property is Forty-Six Seven Million Two Eight Hundred Thousand Dollars ($7,800,000.00) subject to a credit of Three Hundred Fifty Thousand Dollars ($46,250,000.00350,000.00) attributable to the cost to repair the parking lot, HVAC systems and roof (the “Purchase Price”) and shall be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: (a) Within three (3) business days after execution of this Agreement by all parties, Purchaser shall deposit in into escrow with Lawyers Chicago Title Company, whose mailing address is 0000 Xxxxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity Insurance Company as escrow agent (“Escrow Agent”) ), whose address is 000 Xxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxx, XX 00000, Attention: Xxxxxx Xxxxxxx, an initial xxxxxxx money deposit in immediately available funds in the amount of Five One Hundred Thousand Dollars ($500,000.00100,000.00) within two (2) business days after the Effective Date (the “Initial First Deposit”). (b) Within one (1) business day after the end of the Due Diligence Period (as defined in Section 5(a) below), if provided that Purchaser has not terminated this Agreement continues in effect in accordance with its termsthe terms herein, Purchaser shall deposit in escrow with Escrow Agent an additional xxxxxxx money deposit in immediately available funds in the amount of One Million Hundred Thousand Dollars ($1,000,000.00100,000.00) (the “Additional Second Deposit”). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial The First Deposit and the Additional Deposit. All references to the Second Deposit shall include (if and when delivered), together with all interest accrued thereon. (c) , are sometimes hereinafter collectively referred to as the “Deposit”. The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to Seller. The First Deposit shall be fully refundable to Purchaser upon written notice of termination of this transaction on or before the expiration of the Due Diligence Period; provided that, the failure of Purchaser to timely deliver the Second Deposit, regardless of the whether Purchaser delivers a notice to Seller pursuant to Section 5(e) below, shall be deemed an election by Purchaser to terminate this Agreement pursuant to Section 5(e) and the First Deposit and accrued interest thereon shall be immediately returned to Purchaser. If the purchase and sale of the Property is consummated as contemplated hereunder, the Deposit plus all interest accrued thereon shall be paid to Seller and credited against the Purchase Price. If the purchase and sale of the Property is not consummated because of the failure of any of Purchaser’s Condition Conditions Precedent (as defined in Section 9 8 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller as liquidated damages pursuant to Section 17(b) below. Notwithstanding anything In the event that Purchaser fails to deposit the contrary in this AgreementFirst Deposit or the Second Deposit as and when due, if this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this Agreementshall be null and void, the Deposit (to the extent deposited) shall be promptly returned to Purchaser, and neither party shall have any further rights or obligations hereunder, except for those obligations expressly stated to survive the termination of this Agreement. (dc) The balance of the Purchase Price over and above the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (c3(b) above shall be paid to Seller by wire transfer of immediately available funds at the ClosingClosing (as that term is defined in Section 13 below), plus or minus net of all prorations as provided herein. (e) Additionally, at the same time as the deposit of the Initial Deposit with the Escrow Holder, Purchaser shall deliver to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not be applied to the Purchase Price.

The Purchase Price. The purchase price (the "Purchase Price") for the Property Project is Forty-Six Million Two Hundred Fifty Thousand Dollars THIRTY ONE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($46,250,000.00) (the “Purchase Price”) and shall 31,500,000.00), to be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: 2.1 SIX HUNDRED THOUSAND AND NO/100 DOLLARS (a$600,000.00) Within three (3such amount and any interest earned on such amount(s), the "Deposit") shall be paid by Purchaser to Benchmark Title Services, 2000 XxXxxxxx Xxxxxx, 4th Floor, Dallas, Texas 75201, Attn.: Bxxxx Xxxxxx ("Escrow Agent" or "Title Company") within two (2) business days after the Effective Date. The Deposit shall be held in escrow by Escrow Agent to be disbursed as provided in the Exxxxxx Money Escrow Agreement, the form of which is attached hereto as Exhibit "B" (the "Exxxxxx Money Escrow Agreement"). The parties shall execute the Exxxxxx Money Escrow Agreement contemporaneously with the execution of this Agreement by all parties, Purchaser shall deposit in escrow with Lawyers Title Company, whose mailing address is 0000 Xxxxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”) an initial xxxxxxx money deposit in immediately available funds in the amount of Five Hundred Thousand Dollars ($500,000.00) (the “Initial Deposit”). (b) Within one (1) business day after the end of the Due Diligence Period (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent an additional xxxxxxx money deposit in immediately available funds in the amount of One Million Dollars ($1,000,000.00) (the “Additional Deposit”). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to SellerAgreement. If the purchase and sale of the Property Project is consummated as contemplated hereunder, in accordance with the Deposit plus all interest accrued thereon shall be paid to Seller terms and credited against the Purchase Price. If the purchase and sale provisions of the Property is not consummated because of the failure of any Purchaser’s Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if then the Deposit shall be applied fully to the Purchase Price at Closing and transferred to an account or accounts designated in writing by Seller. If Purchaser terminates this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this Agreementin accordance with Section 3.3, the Deposit shall be promptly returned to Purchaser. In all other events, the Deposit shall be disposed of by the Title Company as provided in the Exxxxxx Money Escrow Agreement. (d) 2.2 The balance of the Purchase Price over and above after deducting the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (c) above Deposit shall be paid to Seller by wire transfer of immediately available funds at the Closing, plus or minus all prorations as provided herein. (e) Additionally, at the same time as the deposit of the Initial Deposit with the Escrow Holder, Purchaser shall deliver and adjustments to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed be made pursuant to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not good immediately available United States funds by wire transfer to a bank account or accounts to be applied designated in writing by the Title Company prior to the Purchase PriceClosing for transfer to an account or accounts designated in writing by Seller.

The Purchase Price. The purchase price for the Property is Forty-Six Million Two Hundred Fifty Thousand Dollars ($46,250,000.00) (the “Purchase Price”) and shall for the Project is $7,250,000.00 to be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: 2.1 $150,000.00 (asuch amount, together with the Extension Deposit (as hereinafter defined), if made, and any interest earned on such amount(s), the “Deposit”) Within three shall be paid by Purchaser to First American Title National Commercial Services, The Esplanade Commercial Center, 0000 X. Xxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, Attention: Xxxxxxx Xxxxxxxxx (3“Escrow Agent” or “Title Company”) within five (5) business days after the Effective Date. The Deposit shall be held in escrow by the Escrow Agent to be disbursed as provided in the Xxxxxxx Money Escrow Agreement, the form of which is attached hereto as Exhibit “B” (the “Xxxxxxx Money Escrow Agreement”). The parties shall execute the Xxxxxxx Money Escrow Agreement contemporaneously with the execution of this Agreement by all parties, Purchaser shall deposit in escrow with Lawyers Title Company, whose mailing address is 0000 Xxxxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”) an initial xxxxxxx money deposit in immediately available funds in the amount of Five Hundred Thousand Dollars ($500,000.00) (the “Initial Deposit”). (b) Within one (1) business day after the end of the Due Diligence Period (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent an additional xxxxxxx money deposit in immediately available funds in the amount of One Million Dollars ($1,000,000.00) (the “Additional Deposit”). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to SellerAgreement. If the purchase and sale of the Property Project is consummated as contemplated hereunder, in accordance with the Deposit plus all interest accrued thereon shall be paid to Seller terms and credited against the Purchase Price. If the purchase and sale provisions of the Property is not consummated because of the failure of any Purchaser’s Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if then the Deposit shall be applied fully to the Purchase Price at Closing and transferred to an account or accounts designated in writing by Seller. If Purchaser terminates this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this Agreementin accordance with Section 3.3, the Deposit shall be promptly returned to Purchaser. In all other events, the Deposit shall be disposed of by the Title Company as provided in the Xxxxxxx Money Escrow Agreement. (d) 2.2 The balance of the Purchase Price over and above after deducting the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (c) above Deposit shall be paid to Seller by wire transfer of immediately available funds at the Closing, plus or minus all prorations as provided herein. (e) Additionallyand adjustments to be made pursuant to this Agreement, at in good immediately available United States funds by wire transfer to a bank account or accounts to be designated in writing by the same time as Title Company prior to the deposit Closing for transfer to an account or accounts designated in writing by Seller. Notwithstanding anything in this Agreement to the contrary, a portion of the Initial Deposit with in the Escrow Holder, Purchaser amount of $100.00 shall deliver be non-refundable and shall be distributed to Seller in cash the sum at Closing or other termination of One Hundred this Agreement as full payment and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as independent consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution performance under this Agreement and for the rights granted to Purchaser hereunder. Such $100.00 independent consideration shall be deducted from any refund or delivery of the Deposit to Purchaser pursuant to this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events Agreement and shall not simultaneously be applied distributed to the Purchase PriceSeller.

The Purchase Price. The purchase price for the Property is Forty-Six Twelve Million Two Eight Hundred Fifty Thousand and No/100 Dollars ($46,250,000.0012,800,000.00) (the “"Purchase Price”") and shall be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 15 below) as follows: (a) Within three two (32) business days after execution of this Agreement by all parties, Purchaser shall deposit in escrow with Lawyers Commonwealth Land Title Company, whose mailing address is 0000 Xxxxxxx 000 X. Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxx 000, Xxxxxxx XxxxxXxx Xxxxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: 00000 (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“"Escrow Agent”Company") an initial xxxxxxx money deposit in immediately available funds in the amount of Five Two Hundred Thousand and No/100 Dollars ($500,000.00200,000.00) (the “"Initial Deposit”"). (b) Within one (1) business day after By the end of the Due Diligence Period (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent Company an additional xxxxxxx money deposit in immediately available funds in the amount of One Million Two Hundred Thousand and No/100 Dollars ($1,000,000.00200,000.00) (the “"Additional Deposit”"). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the The Initial Deposit and the Additional Deposit are sometimes hereinafter collectively referred to as the "Deposit. All references to the Deposit shall include all interest accrued thereon. (c) " The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent Company in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to Seller. If In the event the purchase and sale of the Property is consummated as contemplated hereunder, the Deposit plus all interest accrued thereon shall be paid to Seller and credited against the Purchase Price. If In the event the purchase and sale of the Property is not consummated because of the failure of any Purchaser’s 's Condition Precedent (as defined in Section 9 10 below) or any other reason except for a default under this Agreement on the part of Purchaser, or if Purchaser fails to deliver the Additional Deposit on or before the end of the Due Diligence Period (as defined in Section 5(a) below) the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If In the event the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this Agreement, the Deposit shall be promptly returned to Purchaser18(b). (dc) The balance of the Purchase Price over and above the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (cb) above shall be paid to Seller by wire transfer of immediately available funds at the Closing, plus or minus net of all prorations as provided herein. (e) Additionally, at the same time as the deposit of the Initial Deposit with the Escrow Holder, Purchaser shall deliver to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not be applied to the Purchase Price.

The Purchase Price. The purchase price for the Property is FortySeventy-Six Three Million Two Five Hundred Fifty Thousand Dollars ($46,250,000.0073,500,000.00) (the “Purchase Price”) and shall be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: (a) Within three one (31) business days day after execution of this Agreement by all parties, Purchaser shall deposit in escrow with Lawyers Title Company, whose mailing address is 0000 Xxxxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”) an initial xxxxxxx money deposit in immediately available funds in the amount of Five Two Hundred Fifty Thousand Dollars ($500,000.00250,000.00) (the “Initial Deposit”). (b) Within one (1) business day after the end of the Due Diligence Period (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent an additional xxxxxxx money deposit in immediately available funds in the amount of One Million Dollars ($1,000,000.001,00,000.00) (the “Additional Deposit”). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to Seller. If the purchase and sale of the Property is consummated as contemplated hereunder, the Deposit plus all interest accrued thereon shall be paid to Seller and credited against the Purchase Price. If the purchase and sale of the Property is not consummated because of the failure of any Purchaser’s Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this Agreement, the Deposit shall be promptly returned to Purchaser. (d) The balance of the Purchase Price over and above the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (c) above shall be paid to Seller by wire transfer of immediately available funds at the Closing, plus or minus all prorations and adjustments as provided herein. (e) Additionally, at the same time as the deposit of the Initial Deposit with the Escrow Holder, Purchaser shall deliver to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not be applied to the Purchase Priceevents.

The Purchase Price. The purchase price for the Property is Forty-Six Million Two Six Hundred Fifty Thousand and no/100s Dollars ($46,250,000.006,650,000.00) (the “"Purchase Price”") and shall be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 15 below) as follows: (a) Within three two (32) business days after execution of this Agreement by all parties, Purchaser shall deposit in escrow with Lawyers Commonwealth Land Title Company, whose mailing address is 0000 Xxxxxxx 888 Wxxx Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxx 000, Xxxxxxx XxxxxXxx Xxxxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: 00000 (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”"Xxcrow Company") an initial xxxxxxx money deposit in immediately available funds in the amount of Five Hundred Thousand Dollars ($500,000.00) (the “Initial Deposit”). (b) Within one (1) business day after the end of the Due Diligence Period (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent an additional xxxxxxx money earnexx xxxxy deposit in immediately available funds in the amount of One Million Hundred Thousand and no/100s Dollars ($1,000,000.00100,000.00) (the “Additional "Deposit”"). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent Company in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to Seller. If In the event the purchase and sale of the Property is consummated as contemplated hereunder, the Deposit plus all interest accrued thereon shall be paid to Seller and credited against the Purchase Price. If In the event the purchase and sale of the Property is not consummated because of the failure of any Purchaser’s 's Condition Precedent (as defined in Section 9 10 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If In the event the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b18(b) below. Notwithstanding anything to the contrary in this Agreement, if this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this Agreement, the Deposit shall be promptly returned to Purchaser. (db) The balance of the Purchase Price over and above the amounts amount paid by or credited to Purchaser pursuant to Sections Section 3(a), (b) and (c) above shall be paid to Seller by wire transfer of immediately available funds at the Closing, plus or minus net of all prorations as provided herein. (e) Additionally, at the same time as the deposit of the Initial Deposit with the Escrow Holder, Purchaser shall deliver to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not be applied to the Purchase Price.

The Purchase Price. 2.1 The purchase price for the Property is Forty-Six Million Two Hundred Fifty Thousand Dollars ($46,250,000.00) Purchase Price (the “Purchase Price”) and shall for the Property is $34,457,701.00 to be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: (a) Within three (3) business days after execution of this Agreement by all parties, Purchaser shall deposit in escrow with Lawyers Title Company, whose mailing address is 0000 Xxxxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”) an initial xxxxxxx money deposit in immediately available funds in the amount of Five Hundred Thousand Dollars (2.1.1 $500,000.00) 500,000.00 (the “Initial Deposit”; and the Initial Deposit together with the Additional Deposit (as hereinafter defined). , when made, and any interest earned on such amount(s), the “Deposit”) shall be paid by Purchaser to Adar Land & Tree Abstract Inc. (bthe “Escrow Agent”) Within one within two (12) business day days after the end Effective Date. Within two (2) business days after the expiration of the Due Diligence Inspection Period (as defined in Section 5(ahereinafter defined) below), and if this Agreement continues in effect in accordance with its termshas not been terminated as provided herein, Purchaser shall deposit in escrow with Escrow Agent deliver an additional xxxxxxx money deposit in immediately available funds in the amount of One Million Dollars ($1,000,000.00) 500,000.00 (the “Additional Deposit”)) to Escrow Agent. Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit paid by Purchaser pursuant to the terms hereof shall be held in escrow by the Escrow Agent to be disbursed as provided in an interest bearing account insured by Escrow Agreement, substantially in the federal government in an institution form attached hereto as directed by Purchaser and reasonably acceptable to SellerExhibit “B” (the “Escrow Agreement”). The parties shall execute the Escrow Agreement contemporaneously with the execution of this Agreement. If the purchase and sale of the Property is consummated as contemplated hereunder, in accordance with the Deposit plus all interest accrued thereon shall be paid to Seller terms and credited against the Purchase Price. If the purchase and sale provisions of the Property is not consummated because of the failure of any Purchaser’s Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if this Agreement terminates or then the Deposit shall be applied fully to the Purchase Price at the Closing fails and transferred to occur, for any reason an account or accounts designated in writing by Seller. In all other than Purchaser’s default under this Agreementevents, the Deposit shall be promptly returned disposed of by the Escrow Agent as provided in the Escrow Agreement. The Initial Deposit, and the Additional Deposit, if applicable, shall be made in good immediately available United States funds by wire transfer to Purchasera bank account designated in writing by the Escrow Agent. (d) 2.1.2 The balance of the Purchase Price over and above Price, after deducting the amounts paid by or credited to Purchaser pursuant to Sections 3(a)Deposit, (b) and (c) above shall be paid to Seller by wire transfer of immediately available funds at the Closing, plus or minus all prorations and adjustments to be made pursuant to and in accordance with this Agreement, in good immediately available United States funds by wire transfer to a bank account or accounts to be designated in writing by the Title Company prior to the Closing for transfer on the Closing Date (as provided hereinhereinafter defined) to an account or accounts designated in writing by Seller. (e) Additionally, at the same time as the deposit 2.1.3 Seller and Purchaser agree that no portion of the Initial Deposit with Purchase Price is or shall be allocated to personal property. 2.2 Seller acknowledges and agrees that Purchaser’s obligation to perform under this Agreement is contingent upon Purchaser’s ability to obtain financing for the Escrow Holderacquisition of the Property, and if Purchaser is unable to obtain satisfactory financing for the acquisition of the Property, Purchaser shall deliver to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as consideration for Purchaser’s exclusive option to purchase the Real Property and have the right to inspect terminate this Agreement on or prior to the Real Property expiration of the Inspection Period in accordance with Section 3.3 hereof. If this Agreement is not terminated or deemed terminated by Purchaser prior to the expiration of the Inspection Period in accordance with Section 3.3, Purchaser’s financing contingency as set forth in this Section 2.2 will be deemed waived. In connection with Purchaser’s financing, Seller shall reasonably cooperate (without cost to Seller) with any and all reasonable requests by Purchaser’s equity partners, debt partners and/or lenders with respect to the within transaction provided hereinthat no such request shall delay the Closing, and for result in additional cost to Seller’s execution and delivery , or require modifications to the form of this Agreement. The Independent Contract Consideration is the Lease (unless the same are approved in addition writing in accordance with Section 10.1(iii) below). 2.3 Notwithstanding anything to and independent of all other consideration provided the contrary contained in this Agreement, in the event Purchaser fails to deliver the Initial Deposit to Escrow Agent by the date specified above, Seller shall have the right to immediately terminate this Agreement by giving written notice thereof to Purchaser and is nonrefundable the Escrow Agent, in which event this Agreement shall become null and void, and all events rights, liabilities and obligations of the parties under this Agreement shall not be applied expire, except as otherwise expressly set forth herein. In the event Purchaser fails to deliver the Additional Deposit by the date specified above, Seller shall have the right to terminate this Agreement by giving written notice thereof to Purchaser and the Escrow Agent, in which event this Agreement shall become null and void, Escrow Agent will disburse the Initial Deposit to Seller as liquidated damages and as Seller’s sole remedy, and all rights, liabilities and obligations of the parties under this Agreement shall expire, except as otherwise expressly set forth herein. 2.4 Notwithstanding anything to the contrary contained in this Agreement, the parties acknowledge that Purchaser has been attempting to acquire, but is not yet under contract to purchase, the portion of the Land identified as Parcel III on Exhibit “A” and the improvements on such parcel (the “Battery Storage Property”), which are as of the date of Seller’s most recent title commitment owned by Magnolia Buckeye, LLC (“Magnolia”). Seller is currently subleasing the entirety of the Battery Storage Property from Magnolia’s tenant. If Seller, prior to the conclusion of the Inspection Period, (a) enters into a definitive written agreement with Magnolia for the purchase of the Battery Storage Property which by its terms must close simultaneously with the Closing under this Agreement and (b) gives notice to Purchaser of such agreement with Magnolia, then (i) the Battery Storage Property will be included in the purchase and sale transaction described in this Agreement, the Purchase PricePrice will be increased to $39,000,000.00, and the parties will close on the acquisition of the Battery Storage Property in accordance with the terms of this Agreement as if the Battery Storage Property had originally been included, and (ii) the Battery Storage Property will be included in the Lease and the initial Base Annual Rental under the Lease will be increased to $3,820,375.00 and the number of square feet of building area included in the “Premises” (as defined in the Lease) will be increased by 55,000 square feet for a total square footage of 497,250 square feet, as shown in the form of the Lease attached as Exhibit C-1. Notwithstanding the foregoing, in the event that Seller or Tenant (or any affiliate) enters into a written agreement with Magnolia for the purchase of the Battery Storage Property following the conclusion of the Inspection Period but prior to Closing, Purchaser shall have the right to purchase the Battery Storage Property and have the Battery Storage Property added to the Lease by amendment when the agreement between Magnolia and Seller closes, on the same terms as contemplated herein as if the Battery Storage Property had originally been included in the transaction described in this Agreement.

The Purchase Price. The purchase price for the Property is FortyTwenty-Six Million Two Seven Hundred Fifty Thousand and no/100s Dollars ($46,250,000.0026,750,00.00) (the “"Purchase Price”") and shall be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: (a) Within three one (31) business days day after execution of this Agreement by all parties, Purchaser shall deposit in escrow with Lawyers Commonwealth Land Title Insurance Company ("Escrow Company, whose mailing address is 0000 Xxxxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”") an initial xxxxxxx money deposit in immediately available funds in the amount of Five Hundred Thousand and no/100s Dollars ($500,000.00) (the “"Initial Deposit”"). (b) Within one (1) business On the same day after as the end expiration of the Due Diligence Period (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent Company an additional xxxxxxx money deposit in immediately available funds in the amount of One Million Five Hundred Thousand and no/100s Dollars ($1,000,000.00500,000.00) (the “"Additional Deposit”"). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the The Initial Deposit and the Additional Deposit are sometimes hereinafter collectively referred to as the "Deposit. All references to the Deposit shall include all interest accrued thereon. (c) " The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent Company in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to Seller. If the purchase and sale of the Property is consummated as contemplated hereunder, the Deposit plus all interest accrued thereon shall be paid to Seller and credited against the Purchase Price. If the purchase and sale of the Property is not consummated because of the failure of any Purchaser’s 's Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this Agreement, the Deposit shall be promptly returned to Purchaser. (d) The balance of the Purchase Price over and above the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (c) above shall be paid to Seller by wire transfer of immediately available funds at the Closing, plus or minus all prorations as provided herein. (e) Additionally, at the same time as the deposit of the Initial Deposit with the Escrow Holder, Purchaser shall deliver to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not be applied to the Purchase Price.

The Purchase Price. The purchase 2.1 Except if otherwise agreed upon in writing by the Developer the Purchase price for as set out in Schedule A shall be payable by the Property is Forty-Six Million Two Hundred Fifty Thousand Dollars Purchaser to the Developer within 30 ($46,250,000.00thirty) (days from the “Purchase Price”) and signature date of this agreement by the Purchaser, a deposit as set out in Schedule A shall be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: (a) Within three (3) business days after execution of this Agreement by all parties, Purchaser shall deposit in escrow with Lawyers Title Company, whose mailing address is 0000 Xxxxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”) an initial xxxxxxx money deposit in immediately available funds in the amount of Five Hundred Thousand Dollars ($500,000.00) (the “Initial Deposit”). (b) Within one (1) business day after the end of the Due Diligence Period (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent an additional xxxxxxx money deposit in immediately available funds in the amount of One Million Dollars ($1,000,000.00) (the “Additional Deposit”). Until the Additional Deposit has been made, references in this Agreement Conveyancing Attorneys to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to Seller. If the purchase and sale on behalf of the Property is consummated Purchaser. 2.2 The balance Purchase Price as contemplated hereunder, the Deposit plus all interest accrued thereon set out in Schedule "A" shall be paid to Seller and credited the Developer against the Purchase Price. If the purchase and sale registration of transfer of the Property is not consummated because into the name of the failure Purchaser which amount shall be secured by a bank guarantee subject to no terms and conditions other than the transfer of any Purchaser’s Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part Property into the name of the Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale release of the Property is not consummated because from any mortgage bonds which are registered over the Property and the successful registration of a default under mortgage bond in favour of the financial institution loaning the monies to the Purchaser (if applicable) and in the format usually used by such institution which guarantee shall be delivered within 30 days after acceptance of this Agreement on offer or fulfilment of the part suspensive conditions referred to in clause 11 (whichever is the later) and payable free of exchange at Roodepoort against registration of transfer of the Property into the name of the Purchaser, . 2.3 All amounts payable to the Deposit plus all interest accrued thereon Developer in respect of the Purchase price shall be paid to the Conveyancers and retained be held by Seller pursuant them in trust and the Purchaser hereby authorizes the Conveyancers to invest such deposit, in an interest bearing account at any bank for the benefit of the Purchaser in accordance with the provisions of Section 17(b78(2A) belowof the Attorneys Act No. Notwithstanding anything 53/1979 until registration of transfer of the property in the name of the Purchaser where after the Conveyancers will pay the aforesaid deposit as part of the purchase price to the contrary Developer or nominee/s. 2.4 The Developers appointed attorneys and conveyancers are: Xxxxx van Heerden Inc, 00 Xxxxxxxxxx Xxxx, Xxxxxxxxxx, Tel: (000) 000 0000, Fax: (000) 000 0000, Email: xxxxx@xxx.xx.xxx. 2.5 In the event of the Purchaser purchasing 3 (three) or more properties (stands) in this Agreement, if this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this AgreementAvianto Residential Estate, the Deposit shall be promptly returned Purchaser irrevocably undertakes to Purchaser. (d) The balance of the Purchase Price over and above the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (c) above shall be paid to Seller by wire transfer of immediately make available funds at the Closing, plus or minus all prorations as provided herein. (e) Additionally, at the same time as the deposit of the Initial Deposit with the Escrow Holder, Purchaser shall deliver to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not be applied relevant information to the Purchase PriceDeveloper to perform a complete and full due diligence on him/her/it.

The Purchase Price. The purchase price for the Property is Forty-Six One Hundred Ten Million Two Hundred Fifty Thousand and No/100 Dollars ($46,250,000.00110,000,000.00) (the “Purchase Price”) and shall be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: (a) Within three one (31) business days day after execution of this Agreement by all parties, Purchaser shall deposit in escrow with Lawyers Title Company, whose mailing address is 0000 Xxxxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”) an initial xxxxxxx money deposit in immediately available funds in the amount of Five Hundred Thousand Dollars ($500,000.00) (the “Initial Deposit”). (b) Within one (1) business day after the end of the Due Diligence Period (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent an additional xxxxxxx money deposit in immediately available funds in the amount of One Two Million Dollars ($1,000,000.002,00,000.00) (the “Additional Deposit”). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to Seller. If the purchase and sale of the Property is consummated as contemplated hereunder, the Deposit plus all interest accrued thereon shall be paid to Seller and credited against the Purchase Price. If the purchase and sale of the Property is not consummated because of the failure of any Purchaser’s Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this Agreement, the Deposit shall be promptly returned to Purchaser. (d) The balance of the Purchase Price over and above the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (c) above shall be paid to Seller by wire transfer of immediately available funds at the Closing, plus or minus all prorations and adjustments as provided herein. (e) Additionally, at the same time as the deposit of the Initial Deposit with the Escrow Holder, Purchaser shall deliver to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not be applied to the Purchase Priceevents.

The Purchase Price. The purchase price for the Property is FortyEighty-Six Five Million Two Hundred Fifty Thousand and No/100 Dollars ($46,250,000.0085,250,000.00) (the “Purchase Price”) and shall be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: (a) Within three one (31) business days day after execution of this Agreement by all parties, Purchaser shall deposit in escrow with Lawyers Title Company, whose mailing address is 0000 Xxxxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000, Attention: Xxx Xxxxx; Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”) an initial xxxxxxx money deposit in immediately available funds in the amount of Five Hundred Thousand Dollars ($500,000.00) (the “Initial Deposit”). (b) Within one (1) business day after the end of the Due Diligence Period (as defined in Section 5(a) below), if this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with Escrow Agent an additional xxxxxxx money deposit in immediately available funds in the amount of One Two Million Dollars ($1,000,000.002,00,000.00) (the “Additional Deposit”). Until the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to Seller. If the purchase and sale of the Property is consummated as contemplated hereunder, the Deposit plus all interest accrued thereon shall be paid to Seller and credited against the Purchase Price. If the purchase and sale of the Property is not consummated because of the failure of any Purchaser’s Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this Agreement, the Deposit shall be promptly returned to Purchaser. (d) The balance of the Purchase Price over and above the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (c) above shall be paid to Seller by wire transfer of immediately available funds at the Closing, plus or minus all prorations and adjustments as provided herein. (e) Additionally, at the same time as the deposit of the Initial Deposit with the Escrow Holder, Purchaser shall deliver to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) (the “Independent Contract Consideration”) which amount has been bargained for and agreed to as consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not be applied to the Purchase Priceevents.

The Purchase Price. The purchase price (the "Purchase Price") for the Property Project is Forty-Six Million Two Hundred Fifty Thousand Dollars (TWENTY TWO MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS $46,250,000.00) (the “Purchase Price”) and shall 22,200,000.00 to be paid to Seller by Purchaser at the Closing (as that term is defined in Section 14 below) as follows: 2.1 $200,000.00 (asuch amount and any interest earned on such amount(s), the "Deposit") Within three shall be deposited by Purchaser with Chicago Title Insurance Company, 0000 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxxxx, XX 00000-0000, Attn: Xxxxx X. Xxxxxx (3"Escrow Agent") within two (2) business days after the Effective Date. The Deposit shall be held in escrow by the Escrow Agent to be disbursed as provided in the Xxxxxxx Money Escrow Agreement, the form of which is attached hereto as Exhibit "B" (the "Xxxxxxx Money Escrow Agreement"). The parties shall execute the Xxxxxxx Money Escrow Agreement contemporaneously with the execution of this Agreement by all partiesAgreement. Republic Title of Texas, Purchaser shall deposit in escrow with Lawyers Title CompanyInc., whose mailing address is 0000 Xxxxxxx Xxxxx XxxxxXxxxxx Xxxxxx, Xxxxx 00010th Floor, Xxxxxxx XxxxxDallas, Xxxxxxxxxx 00000Texas 75204, AttentionAttn: Xxx Xxxxx; Telephone: (000) 000-0000, Facsimile: (000) 000-0000, in its capacity as escrow agent (“Escrow Agent”) an initial xxxxxxx money deposit in immediately available funds in the amount of Five Hundred Thousand Dollars ($500,000.00) Xxxx Xxxxxx (the “Initial DepositTitle Company”). (b) Within one (1) business day after , shall be responsible for the end issuance of the Due Diligence Period Title Commitment and the Title Policy (as defined in Section 5(asuch terms are hereinafter defined) below), if and the completion of the escrow and closing functions relating to the closing of the sale contemplated by this Agreement continues in effect in accordance with its terms, Purchaser shall deposit in escrow with (other than the receipt and disbursement of the Deposit). Escrow Agent an additional xxxxxxx money deposit in immediately available funds in and the amount Title Company shall coordinate as necessary regarding the escrow and closing functions required under the terms of One Million Dollars ($1,000,000.00) (this Agreement, and shall share equally the “Additional Deposit”). Until the Additional Deposit has been made, references in this Agreement premiums payable with respect to the “Deposit” shall mean the Initial Deposit. Once the Additional Deposit has been made, references in this Agreement to the “Deposit” shall mean the Initial Deposit and the Additional Deposit. All references to the Deposit shall include all interest accrued thereon. (c) The Deposit paid by Purchaser pursuant to the terms hereof shall be held by Escrow Agent in an interest bearing account insured by the federal government in an institution as directed by Purchaser and reasonably acceptable to SellerTitle Policy. If the purchase and sale of the Property Project is consummated as contemplated hereunder, in accordance with the Deposit plus all interest accrued thereon shall be paid to Seller terms and credited against the Purchase Price. If the purchase and sale provisions of the Property is not consummated because of the failure of any Purchaser’s Condition Precedent (as defined in Section 9 below) or any other reason except for a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be immediately refunded to Purchaser. If the purchase and sale of the Property is not consummated because of a default under this Agreement on the part of Purchaser, the Deposit plus all interest accrued thereon shall be paid to and retained by Seller pursuant to Section 17(b) below. Notwithstanding anything to the contrary in this Agreement, if then the Deposit shall be disbursed by Escrow Agent to the Title Company and applied fully to the Purchase Price at Closing and transferred to an account or accounts designated in writing by Seller. If Purchaser terminates this Agreement terminates or the Closing fails to occur, for any reason other than Purchaser’s default under this Agreementin accordance with Section 3.3, the Deposit shall be promptly returned to Purchaser. In all other events, the Deposit shall be disposed of by Escrow Agent as provided in the Xxxxxxx Money Escrow Agreement. (d) 2.2 The balance of the Purchase Price over and above after deducting the amounts paid by or credited to Purchaser pursuant to Sections 3(a), (b) and (c) above Deposit shall be paid to Seller by wire transfer of immediately available funds at the on Closing, plus or minus all prorations as provided hereinand adjustments to be made pursuant to this Agreement, in good immediately available United States funds by wire transfer to a bank account or accounts to be designated in writing by the Title Company prior to the Closing for transfer to an account or accounts designated in writing by Seller. (e) Additionally, at the same time as the deposit of the Initial Deposit 2.3 Concurrently with the Escrow Holderexecution of this Agreement, Purchaser shall deliver to Seller in cash the sum of One Hundred and No/100 Dollars ($100.00) 100.00 (the “Independent Contract Consideration”) which amount has been bargained for and agreed to Escrow Agent as independent consideration for Purchaser’s exclusive option to purchase the Real Property and the right to inspect the Real Property as provided herein, and for Seller’s execution and delivery of this AgreementAgreement by Seller and Purchaser. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement, and is nonrefundable in all events and shall not be applied refundable to the Purchase PricePurchaser and, following receipt by Escrow Agent, shall be delivered by Escrow Agent to, and thereafter retained by, Seller.