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8 <br /> <br />version of the Drainage Easement prior to expiration of the Inspection Period (as <br />hereinafter defined). To facilitate reaching an agreement, at any time that a party rejects <br />a proposed portion of the Drainage Easement, then that party shall notify, either verbally <br />or in writing, the other party of the reasons for said rejection within 5 Business Days of <br />receipt of the proposed Drainage Easements. If the terms and provisions of the Drainage <br />Easement cannot be agreed upon by Buyer, in its reasonable discretion, and Seller, in its <br />reasonable discretion, before expiration of the Contingency Period (as hereinafter <br />defined), then Buyer may terminate this Contract by written notice to the other party no <br />later than expiration of the Contingency Period, whereupon the Earnest Money shall be <br />returned to Buyer and this Contract shall be of no further force and effect. <br /> <br />(c) Buyer and Seller acknowledge and agree that they will endeavor to <br />negotiate and agree upon a new Restrictive Covenants Agreement (the “RCA”) between <br />Buyer and Seller to be executed at Closing, which will address, among other things, <br />restrictions on the Property as further outlined below. Buyer shall provide Seller with an <br />initial draft of the RCA for review and comment. Buyer and Seller shall work together in <br />good faith to mutually agree upon the final version of the RCA prior to expiration of the <br />Contingency Period (as hereinafter defined). If the terms and provisions of the RCA <br />cannot be agreed upon by Buyer, in its reasonable discretion, and Seller, in its reasonable <br />discretion, before expiration of the Contingency Period (as hereinafter defined), then <br />Buyer may terminate this Contract by written notice to the other party no later than <br />expiration of the Contingency Period, whereupon the Earnest Money shall be returned to <br />Buyer and this Contract shall be of no further force and effect. The RCA shall provide the <br />following: <br /> <br /> (i) The Property shall not be used for Automobile or Truck Repair or as <br />Motor Fuel Station; provided, however, that a retail store selling automobile parts and <br />accessories, shall be an allowed use on the Property, including without limitation (A) <br />providing services ancillary to the operation, such as diagnostic testing, battery <br />replacement, windshield wiper installation, bulb replacement, other courtesy installations <br />of auto parts, and other minor maintenance, and (B) the retail sale of prepackaged oil, <br />fuel, or other fluids related to the operation of motor vehicles or other machines. <br /> <br /> <br /> <br />10. Representations and Warranties by Buyer. Buyer represents and warrants to <br />Seller that Buyer has the requisite power and authority to enter into this Agreement and <br />perform it. <br /> <br />11. Right to Inspect. Buyer and Buyer’s employees and agents shall have the right <br />and permission from the Effective Date to enter the Property and perform such surveys <br />and environmental, soil, utilities, or mechanical tests, or inspections as Buyer deems <br />advisable, all at Buyer’s sole expense. Buyer shall keep the Property free from