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• • authorizations or other documents required for Buyer to obtain access to documents or other information relating to the condition of the Property. 10. Conditions of Buyer's Performance. Buyer's obligation to close escrow under this Agreement is subject to Buyer's written approval of the following conditions at or before the earlier of the Closing or such earlier time expressly provided below in this Paragraph 10, but Buyer shall have the right to waive any such condition in writing within the time period specified in such condition. If any of the following conditions is not satisfied or waived in writing by Buyer, then Buyer shall be entitled to terminate this Agreement within sixty (60) days thereafter, in which event the Deposit shall be returned immediately to Buyer with interest earned thereon, without any further obligation on the part of either Buyer or Seller, subject to any remedies Buyer may have to the extent that a failure of condition also constitutes a default by Seller under this Agreement. (a) Feasibility Study. Buyer may, in Buyer's sole discretion, approve or disapprove the condition of the Real Property and the feasibility of using the Real Property for Buyer's intended purposes (the "Feasibility Study ") at any time during the period commencing on the Opening of Escrow and ending at 5:00 p.m. on the date that is sixty (60) days after the later of the Opening of Escrow or the date that Seller has delivered to Buyer true, correct and complete copies of the Property Documents (the "Feasibility Period "). During the Feasibility Period, Buyer shall have the right to deliver to Seller written notice (the "Notice to Proceed ") of Buyer's approval of the Feasibility Study and election to proceed with the purchase of the Property. Buyer shall be deemed to have disapproved the Feasibility Study if Buyer does not deliver the Notice to Proceed to Seller during the Feasibility Period. If Buyer disapproves of or is deemed to have disapproved of the Feasibility Study, then the Deposit shall be immediately returned to Buyer. (b) Documents. To the extent Seller has not previously done so, within three (3) days after the Effective Date, Seller shall provide Buyer with true, correct and complete copies of the following (collectively, the "Property Documents ") to the extent they are in Seller's possession or control: (i) all Contracts, including any agreements relating to property management services and property repair and maintenance agreements, (ii) soil and hydrology reports, environmental or toxic material reports, engineering reports, biological studies, archeology reports, improvement plans and specifications, engineering studies, traffic studies, earthquake studies, site history investigation documents, surveys, civil, architectural, landscape and grading plans, and working drawings; (iii) leases, subleases, rental agreements and other occupancy agreements affecting the Real Property (including all amendments, assignments and other modifications thereof), (iv) copies of title insurance policies for the Property, (v) copies of notices of default and/or correspondence with any tenants, subtenants or other occupants relating to actual or alleged defaults by Seller or such parties or disputes between Seller and such parties, (vi) a copy of all income and expense statements (including annual Operating Expense reconciliation statements and correspondence between Seller and Docktown Marina, Inc. concerning any disputes or calculations regarding Operating Expenses) and property management reports for the Property for the prior three (3) years, (vii) a complete and current rent roll, based on Seller's knowledge, that indicates the name of each tenant and the Subtenants, and any other occupant of the Real Property, the amount of rent paid by such person or entity, the status of each such lease or sublease (including the base rental rate, the amount of property Purchase and Sale Agreement 1548 Maple 03.04. 2011 v.4 9