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set forth in Section 10 hereof (the "Purchase Price"), payable in <br />cash on the Closing Date, subject to an adjustment on the Closing <br />Date for real estate taxes and assessments, with Developer being <br />charged for them through the Closing Date. <br /> <br /> Section 2. Commission's Conditions Precedent to Closing. <br />This Agreement and Commission's obligation to purchase the <br />Acquired Property are expressly subject to and contingent upon <br />the satisfactory transfer of title to the Acquired Property as <br />set forth herein, and the fulfillment of the conditions precedent <br />to Closing contained herein as follows: <br /> <br /> 1) the Commission obtaining within ten (10) days from <br />the date of this Agreement, an ALTA Form B commitment for title <br />insurance (the "Commitment") from the Title Company, showing fee <br />simple marketable title tothe Acquired Property in Developer, <br />subject only to easements, rights-of-way, and restrictions, if <br />any, of record to which Commission has consented. Within'fifteen <br />(15) days after receiving the Commitment, Commission shall <br />provide Developer with written objections, if any, to title. <br />Developer shall have until the Closing Date in which to obtain <br />release of all title encumbrances to which Commission has not <br />consented and to cure all objections. If Commission and <br />Developer agree that if any title defect cannot reasonably be <br />cured within the time specified, Developer shall have no <br />obligation to try to cure the same and this~ Agreement shall be <br />null and void unless Commission decides tolwaive such defect. <br />Notwithstanding any other provisions of this Agreement, if the <br />Title Company is unable to provide the Commitment within twenty <br />(20) days after the date of this Agreement, all dates and <br />deadlines shall be extended for a reasonable period from the <br />delivery of the Commitment, up to, but in no event longer than, <br />ten (10) additional days; <br /> <br /> (b) All of Developer's representations and warranties <br />being true on the date hereof and remaining true through the <br />Closing Date; <br /> <br /> (c) the Commission obtaining an outboundary survey of <br />the Acquired Property and the Developer obtaining all subdivision <br />and similar approvals necessary for the transfer of the Acquired <br />Property, each in form and substance satisfactory to Commission <br />on or before fifteen (15) days after the date of execution <br />hereof; <br /> <br /> (d) the Commission obtaining before the Closing Date <br /> complete soil, water and/or other tests as to the condition <br /> (including, without limitation, environmental conditions) of the <br />'Acquired Property and the results of such tests being <br /> satisfactory, in the Commission's sole discretion, to the <br /> Commission; <br /> <br />STL-6313 <br /> <br />- 3 - <br /> <br /> <br />