R2003-20 AUTHORIZING AGREEMENT - Laserfiche WebLink

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streets and/or highways. The Survey shall show all (i) improvements (including fences), (ii) easements encumbering and easements appurtenant to the Property(visible or recorded),including recording information concerning the documents creating any such easements, (iii) building lines, (iv) curb cuts, (v) sewage, water, electricity, gas and other utility facilities, together with points of connection, (vi) roads and other means of physical and record ingress and egress to and from the Property from public roads (including the dimensions of abutting streets), (vii)areas located within flood plains or conservation areas or designated as wetlands,and (viii)improvements on adjoining properties which are within five (5)feet of the property lines of the Property, and (ix)the number of gross square feet of land included in the Property. 9.3 Within thirty (30) days after receipt of the Commitment and the Survey in the respective forms specified in this Agreement, Buyer shall deliver to Seller a written statement containing any objections Buyer may have to title, including the form of the Commitment, the form of the Survey and/or any matters shown on the Commitment and/or Survey. If such an objection statement is not delivered within said 30-day period, title to the Property through the date of the Commitment and as shown on the Commitment and the Survey shall be deemed approved by Buyer. If such statement is so delivered, Seller shall use its best efforts and all due diligence to cure or remove prior to Closing all matters to which Buyer has objected. ' 9.4 Buyer may, from time to time prior to Closing, at Seller's cost and expense, obtain and deliver to Seller an update to the Commitment ("Title Update(s)"). If any Title Update(s) disclose any defects in or exceptions to title in addition to the defects and exceptions disclosed by the Commitment which Buyer shall not have expressly consented to in writing, Seller shall use its best efforts and all due diligence to eliminate or otherwise correct said additional title defects and/or exceptions prior to Closing (unless arising out of the acts or omissions of Buyer). 9.5 The removal or cure of any matter objected to by Buyer shall be evidenced by Seller providing an endorsement to the Commitment and/or a revised Survey which shows such matter to be cured or removed and which is acceptable to Buyer, in Buyer's sole and absolute discretion. If any matter to which Buyer has objected is not cured or removed prior to Closing, Buyer may, in addition to its other rights and remedies under this Agreement, elect, before Closing, to: (i) approve the Commitment or Title Update and accept title to the Property as it is, 11 ::ODMA\PCDOCS\NEWARIC�617546\3 February 12,2003