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earthworks, historical materials, and/or other archeological sites that are <br />protected by federal or state law. <br />11. SELLER'S CONTINGENCIES. The obligations of Seller under this Agreement are <br />expressly contingent upon the following: <br />(a) The right of way abutting the north property line of the Seller Commercial <br />Property is vacated at or prior to Closing; <br />(b) Seller is granted a sanitary sewer connection by the City of Orono to the City <br />sanitary sewer system for the Remainder Property, and the City waives the City <br />sanitary sewer connection fee and is responsible for payment of the sewer <br />availability charge (SAC). Seller shall be responsible for all other costs and fees <br />associated with the sanitary sewer connection; <br />(c) Seller is granted a connection by the city of Orono to the City water system for <br />the Remainder Property, and the City waives the City water connection fee and <br />waives or is responsible for payment of the water availability charge (WAC). <br />Seller shall be responsible for all other costs and fees associated with the water <br />connection; <br />(d) The Seller Property is rezoned from RR -IB, One -Family Residential District to R- <br />1 A, One -Family Residential District at or prior to Closing; <br />(e) Purchaser providing an appurtenant easement for driveway and access purposes to <br />serve the Remainder Property in the form attached as Exhibit E ("Access <br />Easement"); <br />(f) Purchaser providing a temporary appurtenant easement for a subsurface sewage <br />treatment system ("SSTS") to serve the Remainder Property in the form attached <br />as Exhibit F ("Temporary SSTS Easement"). <br />(g) The City of Orono granting the lot split necessary to establish the Property as <br />single tax parcel. <br />If the contingencies set forth herein have not been satisfied or waived by Seller by the date of <br />Closing, as otherwise extended, this Agreement shall be null and void and neither party shall <br />have any further obligations hereunder, except for Purchaser's indemnity obligations pursuant to <br />Section 7. The contingencies set forth in this section are for the sole and exclusive benefit of <br />Seller and Seller shall have the right to waive the contingencies by giving notice to Purchaser, <br />provided Seller abides by the time requirements set forth above. <br />12. PURCHASER'S CONTINGENCIES. The obligations of Purchaser under this <br />Agreement are expressly contingent upon the following: <br />5 <br />181815v6 <br />