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5 � � � V <br /> charges which may have been incurred in connection with this Agreement, shall be returned to <br /> Buyer. <br /> 13. Seller's Covenants. For so long as this Agreement has not been terminated: <br /> a. Seller shall not take or acquiesce in any actions which would alter the <br /> existing or permitted zoning or use of the Property prior to Close of Escrow. <br /> b. Seller shall maintain the Property in its current condition (ordinary wear <br /> and tear and damage by the elements excepted) and shall operate the Property in the manner in <br /> which it is currently being operated. <br /> c. From and after the Agreement Date, Seller shall not enter into any <br /> contracts concerning the Property, without obtaining the prior written approval of Buyer. <br /> d. From and after the Agreement Date Seller shall not enter into any leases of <br /> any portion of the Property, without the prior written approval of Buyer. <br /> 14. Seller's Closing Conditions. <br /> a. Seller's obligation to perform under this Agreement is conditioned upon: <br /> (1) Buyer timely performing all of its obligations under this <br /> Agreement; <br /> (2) Receipt of the Purchase Price; <br /> (3) Receipt of the Assignment and Assumption of Contracts. <br /> b. In the event the conditions set forth in paragraph 14.a. are not satisfied or <br /> waived by Seller in writing on the Scheduled Closing Date, Seller may elect to terminate this <br /> Agreement. <br /> 15. Closin� Costs and Prorations. The closing costs shall be paid as follows: <br /> Escrow Fees: %2 Seller; %2 Buyer <br /> Owner's Policy Premium: Buyer <br /> County Documentary <br /> Transfer Tax: Seller <br /> City Documentary Tax (if any) Seller <br /> Notary fees, document preparation fees and recording fees shall be paid by the party benefiting from <br /> such notary, preparation, or recordation. All other closing costs shall be paid in accordance with the <br /> custom in the County in which the Property is located. Real property taxes and assessments and <br /> rents shall be prorated as of the Close of Escrow and through escrow based upon the latest available <br /> tax and assessment information. All expense items normal to the operation of the Property shall be <br /> prorated outside of escrow. Each party shall pay the legal fees incurred by its own legal counsel. <br /> 16. Renresentations and Warranties of Seller. Seller hereby makes the following <br /> representations and warranties, to the best of its knowledge, each of which is material and being <br /> relied upon by Buyer and is true in all respects as of the date of this Agreement: <br /> a. That copies of all original documents provided Buyer pursuant to this <br /> Agreement aze true and complete copies hereof; � <br /> 114 ] 7.00002�BGLIB 1 \1225060.4 6 <br />