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6 <br />DOCSOPEN\MU205\50\716385.v4-4/22/21 <br />Thousand Dollars and 00/100 ($77,000.00) (the “Purchase Price”). The Purchase Price is due at the <br />time of closing according to this Agreement. <br /> <br />The Developer will pay to the EDA on or before fourteen (14) days from the date of this Agreement, <br />earnest money in the amount of $5,000.00 (the “Earnest Money”) which shall be credited toward the <br />Purchase Price at the time of closing. The EDA agrees to convey title and possession of the <br />Development Property to the Developer by quit claim deed in the form attached hereto as Exhibit D. <br />The conveyance of the Development Property and the Developer's use of the Development Property <br />shall be subject to all of the conditions, covenants, restrictions and limitations imposed by this <br />Agreement and the Development Property Deed. The conveyance of title to the Development <br />Property and the Developer's use of the Development Property shall also be subject to the building <br />and zoning laws and ordinances and all other City, State and federal laws and regulation, easements <br />and rights of way. <br /> <br /> Section 3.2. Condition of Title. Within thirty (30) days of the date of this Agreement, the <br />EDA agrees to submit to the Developer, at the EDA’s expense, a commitment for title insurance <br />regarding the Development Property. The Developer shall have twenty (20) days after delivery of <br />the commitment to examine same and to make any objections concerning the condition of title <br />regarding the Development Property. Objections to the condition of title shall be made in writing and <br />addressed to the EDA. Failure on the part of the Developer to make objections within twenty (20) <br />days shall constitute a waiver of same and of the Developer’s right to object to the condition of title. <br />If the Developer provides written objections to title, the EDA shall have forty-five (45) days thereafter <br />to cure the defects cited by the Developer or to inform the Developer in writing that the EDA cannot <br />or will not cure said defects. If there are no defects in title to which the Developer objects in writing <br />or the Developer fails to object in a timely manner or if the EDA cures the defects within the <br />prescribed period, the parties will proceed to closing; provided, however, that all other conditions <br />precedent contained herein are satisfied or duly waived. If there are defects in title to which the <br />Developer has objected in a timely manner and which the EDA cannot or will not cure, the Developer <br />may terminate this Agreement at its option within ten (10) days of notice from the EDA of its inability <br />or unwillingness to cure. The EDA shall have no obligation to cure any defects in the title of the <br />Development Property. If the Developer chooses to terminate this Agreement pursuant to this <br />Section 3.2, the Developer agrees to execute a quit claim deed regarding the Development Property <br />in favor of the EDA and the EDA shall refund to the Developer all Earnest Money. Thereafter the <br />parties shall have no further obligation towards one another with regard to this Agreement or the <br />Development Property. The Developer may also choose to proceed to closing on the Development <br />Property and take title subject to the defect(s). Notwithstanding any other provision herein to the <br />contrary, if the Developer proceeds to closing within less than the time periods set forth herein for <br />receipt of a commitment for title insurance and objection to title defects, such action shall be deemed <br />to be a waiver by the Developer of its right to examine and object to the condition of title of the <br />Development Property. <br /> <br /> Section 3.3. Financing. Before conveyance of the Development Property by the EDA, the <br />Developer agrees to submit to the EDA evidence of a commitment for financing which is adequate, <br />in the EDA’s sole opinion, for the construction of the Minimum Improvements. If the EDA finds that <br />the financing complies with the terms of this Section 3.3 and is sufficiently committed and adequate <br />in amount to provide for the construction of the Minimum Improvements, the EDA shall notify the