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Parkway. Two of the principals of the Buyer, Karl Berg and William Kotterman <br />intend to be tenants in the building, and the remainder of the building will be <br />leased to medical and or dental professionals. <br />Buyer's obligations under this Agreement are contingent upon the <br />occurrence of the following: <br />(a) Seller’s timely performance of each of Seller's obligations under this <br />Agreement; <br />(b) Buyer's determination that the representations set forth in Section 11 <br />are true, when made, and remain true as of the Closing; <br />(c) Buyer ’s ability to secure a mortgage loan at a fixed market rate <br />payable over a thirty (30) year term with which to finance the <br />construction of the above described facility. If Buyer does not secure <br />such a commitment for such financing by ____________, 2002, <br />Buyer may terminate this agreement; or. Seller may tenninate this <br />agreement upon______days prior written notice to Buyer. <br />(d) Buyer shall be satisfied with shall be sa tisfied with the results of the <br />Buyer's inspection and environmental investigation provided for in <br />Section 13 hereof. If Buyer is not satisfied with the results of its <br />inspection and investigation,, ii shall notify the Seller on or before <br />__________, 2002. If Buyer does not provide such notification this <br />contingency shall be deemed waived. <br />Buyer shall have secured approval of all required governmental <br />bodies or agencies, with jurisdiction over the Property, to (as <br />applicable) any zoning change, storm water drainage plan, sewer or <br />water service and capacity request, access street development plans, <br />plats, subdivision, grading plans , site plan, landscape plan and other <br />development plans in connection with Buyer ’s anticipated <br />development of the Property, including but not limited to Planned <br />Unit Development ("PUD") approval and /or and the approval of a <br />Development Agreement that encompasses the PUD. If such <br />approvals have not been secured by _____________, 2002 either <br />Seller of Buyer may terminate this Purchase Agreement upon thirty <br />(30) days prior written notice to the other party. <br />HC26DSi'47l5/267:j|l vI(RED) J4-:002