OF
THE SANDWICH PERMIT.
48
(I)
NORWELL PROPERTY.
THE WASTE WATER TREATMENT SYSTEM SERVICING THE
NORWELL PROPERTY IS SUBJECT TO THE NORWELL PERMIT.
THE TERMS OF THE NORWELL
PERMIT REQUIRE THAT IF TITLE TO ANY PORTION OF THE NORWELL PROPERTY IS TO BE
TRANSFERRED, PRIOR TO EXECUTING A PURCHASE AND SALE AGREEMENT, THE NEW OWNER
SHALL BE PROVIDED A COPY OF THE NORWELL PERMIT.
THE PURCHASER ACKNOWLEDGES THAT
IT HAS RECEIVED A COPY OF AND REVIEWED THE NORWELL PERMIT AND THAT TEDESCHI
NORWELL HAS INFORMED THE PURCHASER, IN WRITING, OF PAST WATER USAGE, OFF-SITE
PUMPING RECORDS OF THE SYSTEM AND THE CONDITIONS OF THE NORWELL PERMIT.
(J)
TITLE/SURVEY OBJECTIONS.
AT OR PRIOR TO CLOSING, THE PURCHASER,
FROM TIME TO TIME, MAY NOTIFY THE SELLERS IN WRITING (EACH, A "TITLE/SURVEY
OBJECTION NOTICE") OF ANY OBJECTIONS.
THE PURCHASER SHALL PROVIDE A
TITLE/SURVEY OBJECTION NOTICE TO THE SELLERS PROMPTLY AFTER ACQUIRING KNOWLEDGE
OF ANY OBJECTION (AND IN ANY EVENT WITHIN THREE (3) BUSINESS DAYS AFTER
ACQUIRING SUCH KNOWLEDGE).
THE SELLERS SHALL HAVE NO OBLIGATION TO BRING ANY
ACTION OR PROCEEDING OR OTHERWISE TO INCUR ANY EXPENSE OR LIABILITY (CONTINGENT
OR OTHERWISE) TO REMEDY ANY OBJECTION RAISED IN ANY TITLE/SURVEY OBJECTION
NOTICE; PROVIDED, HOWEVER, THAT IF ANY SUCH OBJECTION IS A JUDGMENT LIEN OR
SELLER MORTGAGE, THEN, SUBJECT TO THE PROVISIONS OF SECTION 8.4(K), THE SELLERS
SHALL BE OBLIGATED AT OR PRIOR TO THE CLOSING DATE, TO CAUSE SUCH JUDGMENT LIEN
OR SELLER MORTGAGE TO BE SATISFIED OR TO CAUSE THE TITLE COMPANY TO INSURE TITLE
TO THE PROPERTIES FREE OF SUCH JUDGMENT LIEN OR WITH AFFIRMATIVE INSURANCE
AGAINST THE ENFORCEMENT OF SUCH JUDGMENT LIEN BY DELIVERY OF AN ACCEPTABLE
INDEMNITY, WHICH AFFIRMATIVE INSURANCE IS ACCEPTABLE TO THE PURCHASER IN THE
PURCHASER'S REASONABLE DISCRETION.
SUBJECT TO THE IMMEDIATELY PRECEDING
SENTENCE, WITHIN THREE (3) BUSINESS DAYS FOLLOWING RECEIPT OF ANY TITLE/SURVEY
OBJECTION NOTICE, THE SELLERS SHALL NOTIFY THE PURCHASER, IN WRITING (THE "CURE
NOTICE"), WHETHER OR NOT THE SELLERS WISH TO CURE OR OTHERWISE REMEDY THE
OBJECTIONS.
FAILURE BY THE SELLERS TO DELIVER ANY SUCH CURE NOTICE TO THE
PURCHASER WITHIN SUCH THREE (3) BUSINESS DAY PERIOD SHALL BE DEEMED TO BE NOTICE
THAT THE SELLERS HAVE ELECTED NOT TO CURE OR OTHERWISE REMEDY SUCH OBJECTIONS
(OTHER THAN ANY JUDGMENT LIENS).
IF THE SELLERS ELECT OR ARE DEEMED TO HAVE
ELECTED NOT TO CURE OR OTHERWISE REMEDY THE OBJECTIONS (OTHER THAN ANY JUDGMENT
LIENS), THE PURCHASER MAY ELECT EITHER TO (I) ACCEPT SUCH TITLE AS THE SELLERS
ARE ABLE TO CONVEY AT CLOSING, WITHOUT ANY REDUCTION OF THE PURCHASE PRICE OR
ANY CREDIT OR ALLOWANCE ON ACCOUNT THEREOF, (II) EXERCISE ITS RIGHT TO REJECT
THE APPLICABLE PROPERTY, IF PERMITTED BY SECTION 10.3 (AS IT RELATES TO THE
TOTAL NUMBER OF PROPERTIES THAT PURCHASER IS ENTITLED TO REJECT HEREUNDER) OR
(III) TERMINATE THIS AGREEMENT BY WRITTEN NOTICE TO THE SELLERS AND THE ESCROW
AGENT, WHEREUPON THE DEPOSIT SHALL BE PROMPTLY RETURNED TO THE PURCHASER BY THE
ESCROW AGENT AND THE PARTIES HERETO SHALL HAVE NO