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' � �'� �� <br /> .. . , <br /> , ,i , , . I <br /> This Contract is also contingent upon Buyer and Starbucks Corp. entering into a � <br /> lease of a portion of the Property before the closing. If such lease is not executed before the <br /> closing date provided for in this Contract, then this Contract shall terminate. <br /> 3.2 Buyer's obiigations under this Contract are subject to the following � <br /> conditions: I <br /> (a) Buyer obtaining a titie commitment from the Title Company showing �' <br /> marketable fee simple title to the Property in Seller and that the Property is not subject to any '� <br /> liens, encumbrances, restrictions, conditions, easements or other agreements (other than <br /> encumbrances which will be paid at the closing), which will hinder or prevent Buyer's <br /> proposed development of the Property. <br /> (b) Buyer obtaining boring, percolation and other soil tests of the Property <br /> showing the Property is not contaminated and the soii and the physical characteristics of the <br /> Properry are satisfactory for Buyer's proposed development. <br /> (c) That the Property has full access to public streets and there is no pending <br /> or threatened governmental proceeding which would impair or limit such access. <br /> (d) That there are water, sewer, gas, telephone and electric lines to the <br /> Property which are available for "tap in" by Buyer and which are sufficient to service Buyer's <br /> proposed development of the Property. <br /> (e) That the survey of the Property described in Paragraph 5 below does not <br /> disclose any condition, easement or restriction affecting the Property which would hinder, <br /> prevent or make more expensive Buyer's proposed development of the Property. <br /> (f� Intentionally Left Blank. <br /> (g) That the Property is zoned to allow Buyer's proposed development and <br /> use of the Property. <br /> Buyer shall have until ]une 1, 2005 to determine whether the above conditions <br /> have been satisfied, to Buyer's satisfaction. Buyer may waive any condition. If Buyer does not <br /> give Seller a written notice that the said conditions have been satisfied or waived by Buyer by <br /> ]une 1, 2005, then this Contract may be terminated by either Seiler or Buyer by written <br /> notice to the other. If Seller elects to terminate this Contract, then Buyer shall have ten (10) <br /> days after receiving Seller's termination notice to waive, in writing, given to Seller, the <br /> conditions set forth in this Paragraph 3.2, whereupon Seller's termination notice shall be void <br /> and this Contract shall continue. <br /> 3.3. Promptly after the satisfaction or waiver by Buyer of all of the conditions <br /> described in Paragraph 3.2 above, Buyer shall make application for all approvals, licenses and <br /> permits ("Permits") from all governmental authorities having jurisdiction over the Property <br /> which are necessary to permit the construction of Buyer's proposed development of the <br /> Property in accordance with Buyer's plans and specifications, and to permit all curb cuts, <br /> driveways and signs desired by Buyer, at locations approved by Buyer. Buyer shall have until <br /> August 1, 2005 to obtain all such Permits. If Buyer does not give Seller written notice that <br /> Buyer has obtained all such Permits (or that Buyer waives such requirement) by August 1, <br /> 2005, then this Contract may be terminated by either Seller or Buyer by written notice to the <br /> 2 <br />