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90 <br /> with complete copies of the test data and test reports as soon as they are <br /> available to Buyer. <br /> (h) The cost of any test or survey will.be borne solely by Buyer. <br /> (i) Test holes shall be located no closer than 10 feet from the nearest rail of any <br /> railroad track located on or -adjacent to the Site. Drilling equipment and <br /> related equipment shall not be placed closer than 10 feet from the nearest <br /> rail of any such track. <br /> Q) While on the Site, Buyer (and its employees, agents, and contractors)shall <br /> comply with Seller's safety rules, including any requirement regarding the <br /> use of flagmen. All costs associated with compliance with such rules shall <br /> be borne by Buyer. If Seller shall incur any costs in connection therewith, <br /> Buyer shall reimburse Seller within 30 days afte(receipt of Seller's invoice. <br /> (k) Unless disclosure is required by court order or applicable law, Buyer shall <br /> maintain,and shall cause its employees,agents,and contractors to maintain, <br /> the confidentiality of all information pertaining to any environmental test <br /> performed on the Site. <br /> • (1) If any mechanic's or materialmen's-lien, or similar lien, is asserted against <br /> the Site, the Property, or any other property of Seller or the Indemnitees as <br /> a result of the exercise of the permission granted in this paragraph 16, Buyer <br /> shall immediately satisfy and/or obtain the release of such lien, all at Buyer's <br /> expense, and Buyer shall indemnify, hold harmless and defend the <br /> indemnitees from and against all Claims arising out of or connected with <br /> such lien. <br /> 17. TITLE MATTERS: Seller makes no warranty or representation with respect to <br /> the marketability or quality of its title and is not under any obligation to furnish abstracts of <br /> title, title reports, or title insurance policies in respect of the Property. Buyer shall have 45 <br /> days after Seller's acceptance of this offer in which to raise objections-to the marketability <br /> of Seller's title. If Buyer objects to Seller's title, it must give Seller notice within such 45-day <br /> period, specifying the precise nature of the alleged title defects. The notice must be <br /> accompanied by evidence of the alleged defects, in the form of a copy of an abstract of title <br /> or a title company's title commitment. If Buyer fails to give proper or timely notice, it shall <br /> be deemed to have waived its right to object (except that defects which arise subsequent <br /> to the 45-day period shall not be deemed waived unless.Buyer fails to give Seller notice <br /> of same promptly after it learns, -or in the exercise of reasonable diligence should have <br /> learned, of them); furthermore, even if Buyer gives proper and timely notice, it shall be <br /> • FORM 900.1/97.STD.00180-Ot.otp <br /> OFFER TO PURCHASE RAMSEY COUNTY.MN -5- <br />