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<br />object in this manner to any exception shall be an approval by Buyer of that <br />exception. <br /> <br />Miscellaneous Conditions <br /> <br />Section 3.02. The delivery of possession of the property to Buyer shall be <br />Immediately on the closing of escrow. <br /> <br />Section 3.04. Not applicable. <br /> <br />ARTICLE 4. RIGHTS AND WARRANTIES <br /> <br />Right of Buyer to Enter Property <br /> <br />Section 4.01. Seller grants to Buyer, or Buyer's agents, the right, at any time and <br />from time to time within two (2) days after the opening of the escrow for this <br />transaction, to enter onto the Property to conduct test or investigations, provided <br />that: <br /> <br />(a) The acts shall be conducted at the sole cost and expense of Buyer; <br /> <br />(b) The acts do not unreasonably interfere with Seller's possession and Seller <br />gives Buyer permission; <br /> <br />(c) Buyer shall indemnify and hold Seller harmless from any costs or liability <br />resulting from the acts, and, if the escrow is canceled for a reason that is not the <br />fault of Seller, for any damage to the property resulting from the acts; and <br /> <br />(d) Buyer shall give Seller written notice of the intention to enter one (1) day <br />prior to the date of the planned entry <br /> <br />(e) Buyer shall provide Seller with certification of insurance naming Seller as <br />additional insured on Buyer's general liability policy. <br /> <br />Warranties of Seller <br /> <br />Section 4.02. Seller warrants that: <br /> <br />(a) Seller owns the Property, free and clear of all liens, licenses, claims, <br />encumbrances, easements, encroachments upon the property from adjacent <br />properties, encroachments by improvements on the property onto adjacent <br />properties, and rights of way of any nature, not disclosed by public record. <br /> <br />(b) Seller has no knowledge of any pending litigation involving the Property. <br /> <br />3 <br />