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<br /> 8.9 Except as otherwise provided herein,the termination of Escrow shall not relieve or release either Party from any obligation to pay Escrow Holder's fees and
<br /> costs or constitute a waiver,release or discharge of any breach or default that has occurred in the performance of the obligations,agreements,covenants or
<br /> warranties contained therein.
<br /> 8.10 If this sale of the Property is not consummated for any reason other than Seller's breach or default,then at Seller's request,and as a condition to any
<br /> obligation to return Buyer's deposit(see paragraph 21),Buyer shall within 5 days after written request deliver to Seller,at no charge,copies of all surveys,engineering
<br /> studies,soil reports,maps,master plans,feasibility studies and other similar items prepared by or for Buyer that pertain to the Property.Provided,however,that
<br /> Buyer shall not be required to deliver any such report if the written contract which Buyer entered into with the consultant who prepared such report specifically
<br /> forbids the dissemination of the report to others.
<br /> 9. contingencies to Closing.
<br /> 10 WnrcW:aF T"Q D'S►°ee^-'/'L Ox. t.." sac ••-•. ..•..... .. ... ...
<br /> . . . , The Closing of this
<br /> transaction is contingent upon the satisfaction or waiver of the following contingencies,tvhich satisfaction or
<br /> waiver must be in writing by Buyer.Buyer's conditional approval shall constitute disapproval,unless a provision
<br /> is made by Seller within the time specified therefore by Buyer in such conditional approval or by thisAyreentcnt,
<br /> whichever is later,for the satisfaction of the condition imposed by Buyer.Escrow Holder shall promptly provide
<br /> all Parties with copies of any written disapproval or conditional approval which it receives.With regard to
<br /> subparagraphs(a)through(en),the pre-printed time periods shall control unless a different number r f days is
<br /> inserted in the spaces provided.
<br /> (a) Disclosure.Seller shall make to Buyer,through Escrow,all of the applicable disclosures required by law(See AIR CRE("AIR")standard form entitled
<br /> "Seller's Mandatory Disclosure Statement")and provide Buyer with a completed Property Information Sheet("Property Information Sheet")concerning the Property,
<br /> duly executed by or on behalf of Seller is the current form or equivalent to that published by the AIR within 10 w days following the Date of
<br /> Agreement. Buyer has 10 days from the receipt of said disclosures to approve or disapprove the matters disclosed.
<br /> (b) Physicol Inspection.Buyer has.sCLa.• _days following the receipt of the Property Information Sheet or the Date of Agreement,whichever
<br /> is tater,to satisfy itself with regard to the physical aspects and she of the Property.
<br /> (c) Hazardous Substance Conditions Report. Buyer has Slue 4_ days following the receipt of the Property Information Sheet or the Date of
<br /> Agreement,whichever is later,to satisfy itself with regard to the environmental aspects of the Property.Seller recommends that Buyer obtain a Hazardous Substance
<br /> Conditions Report concerning the Property and relevant adjoining properties.Any such report shall be paid for by Buyer.A"Hazardous Substance"for purposes of
<br /> this Agreement is defined as any substance whose nature and/or quantity of existence,use,manufacture,disposal or effect,render it subject to Federal,state or local
<br /> regulation,investigation,remediation or removal as potentially injurious to public health or welfare.A"Hazardous Substance Condition"for purposes of this
<br /> Agreement is defined as the existence on,under or relevantly adjacent to the Property of a Hazardous Substance that would require remediation and/or removal
<br /> under applicable Federal,state or local law.
<br /> (d) Soil Inspection. Buyer has iotas 4_. days from the receipt of the Property Information Sheet or the Date of Agreement,whichever is later,
<br /> to satisfy itself with regard to the condition of the soils on the Property.Seller recommends that Buyer obtain a soil test report,Any such report shall be paid for by
<br /> Buyer.Seller shall provide Buyer copies of any soils report that Seller may have within 10 days following the Date of Agreement.
<br /> .. . ..
<br /> (e) Governmental Approvals. '
<br /> . ... .. •, .... . • Buyer has 45 duysfollowiny the Date o/
<br /> Agreement to satisfy itself with regard to approvals and permits from governmental agencies or departments
<br /> which have or may have jurisdiction over the Property and which Buyer dectrts necessary or desirable in
<br /> connection with its intended use of the Property,including,but riot limited to,permits and approvals required
<br /> with respect to zoning,planning,building and stfet y,fire,police,handicapped and Americans With Disabilities
<br /> Act requirements,transportation and environmental matters.Governmental approvals include City Council of the
<br /> City of Pleasanton approval of this Agreement at a public meeting of the City;as well as alluding of general plan
<br /> conformity by the City of Pleasanton Planning Commission.
<br /> (I) Conditions of Title. Escrow Holder shall cause a current commitment for title insurance("Title Commitment")concerning the Property issued by the
<br /> Title Company,as well as legible copies of all documents referred to in the Title Commitment("Underlying Documents"),and a scaled and dimensioned plot showing
<br /> the location of any easements to be delivered to Buyer within 34oz days following the Date of Agreement. Buyer has U)30 days from the receipt of
<br /> the Title Commitment,the Underlying Documents and the plot plan to satisfy itself with regard to the condition of title.The disapproval by Buyer of any monetary
<br /> encumbrance,which by the terms of this Agreement is not to remain against the Property after the Closing,shall not be considered a failure of this contingency,as
<br /> Seller shall have the obligation,at Seller's expense,to satisfy and remove such disapproved monetary encumbrance at or before the Closing.
<br /> (g) Survey. Buyer has:Plot 4_ days following the receipt of the Title Commitment and Underlying Documents to satisfy itself with regard to
<br /> any ALTA title supplement based upon a survey prepared to American Land Title Association("ALTA")standards for an owner's policy by a licensed surveyor,showing
<br /> the legal description and boundary lines of the Property,any easements of record,and any improvements,poles,structures and things located within 10 feet of either
<br /> side of the Property boundary lines.Any such survey shall be prepared at Buyer's direction and expense. If Buyer has obtained a survey and approved the ALTA title
<br /> supplement,Buyer may elect within the period allowed for Buyer's approval of a survey to have an ALTA extended coverage owner's form of title poky,in which event
<br /> Buyer shall pay any additional premium attributable thereto.
<br /> (h) Existing Leases and Tenancy Statements.v W W`than 1n a d ws ell"(Y""`e"t p'ie.'ad two
<br /> rag—,i ur. ...g a• y.•.*M.-^-"-y..••a. Seller shall within three(3)days follotving the Date ofAyreensent provide
<br /> both Buyer and Escrow Holder with legible copies of all leases,subleases or rental arranyerrtents(collectively,
<br /> "Existing Leases")affecting the Property.Seller shall within tent(no)days following the Date ofAyreentenl have
<br /> each tenant complete and execute an Estoppel Certificate in the form attached(see attached"Exhibit A"),and
<br /> provide the originals to Buyer.Buyer has:(a)thirty-five(35)days from the receipt of said Existing Leases and
<br /> Estoppel Certificates to satisfy itself with regard to the Existing Leases and arty other tenancy issues;and(b)
<br /> forty-five(45)days from the Dute of Agreement to enter into relocation agreements pursuant to Cul.Govt.Code
<br /> Section 26O el.al.with all tenants,subtenants,assignees and licensees.
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<br /> (j)
<br /> OtherAgreeMeM.S.Seller shall within 10 ot days following the Date of Agreement provide Buyer with legible copies of all other
<br /> agreements("Other Agreements")known to Seller that will affect the Property after Closing.Buyer has 10days from the receipt of said Other Agreements to satisfy
<br /> itself with regard to such Agreements.
<br /> Aftold
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<br /> INITIALS Last Edited:10/31/2018 2:10 PM INITIALS
<br /> ®2017 AIR CRE, All Rights Reserved. OFA-20.00,Revised 01-03 2017
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