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Seller may elect#o cancel and terminate this agreement and the rights and obligations of the parties <br /> hereunder; and in such event, Seller shall refund to Buyer all sums paid hereunder if Buyer shall <br /> so elect. Failure to notify Seller of any objectionable title defect as above said shall constitute a <br /> waiver thereof. Title may be subject only to the following exceptions: <br /> {i)Easernents, restrictions and reservations of record on the date hereof; <br /> (ii) Building and use restrictions; <br /> (iii} Special assessments levied for local improvements; <br /> (iv)Zoning regulatians and ordinances affecting the Premises; and, <br /> {v)The lien of current general real estate taxes. <br /> (b) Seller shall,within 30 days af execution of this agreement vacate the rights- <br /> of-way and alley-ways described in E�ibit B. <br /> 3.3 Both Seller and Buyer agree: <br /> (a} Ta compiy with the requirements af the Real Estate Settlement <br /> Procedures Act; <br /> {b) At any time after the date hereof, with advanced approval of Seller, <br /> architects and engineers of Buyer shall have reasonable access to the Premises for the purpose of <br /> measurement and preparation af design pIans for Buyer, site grading and other wark to prepare the <br /> premises for construction, provided such access cannot interfere with the usual business of Seller <br /> performed on the Prernises. Buyer shall indemnify and hold Seller harmless fram and against all <br /> losses, costs, damages and liabilities arising out of Buyer or any of its employees, agents or <br /> contractors entering the Premises. In the event that closing does not occur or this transaction is <br /> not completed, Buyer shall be responsible for any and all costs assaciated with remediating any <br /> changes ar improvements made to premises by Buyer or its agents, successars and assigns as <br /> deemed necessary by the Seller. <br /> 3 <br />