SECURITY REFERRED TO IN SECTION C, PARAGRAPH 4 OF THE ORLEANS GROUNDWATER
DISCHARGE PERMIT, WHETHER IN THE FORM OF ONE OR MORE LETTERS OF CREDIT OR
ESCROW/RESERVE ACCOUNTS, AS A CONDITION OF THE SELLERS' OBLIGATION TO CONSUMMATE
THE CLOSING, THE PURCHASER SHALL PROVIDE THE MASSACHUSETTS DEP WITH FINANCIAL
SECURITY(THE "ORLEANS SECURITY") IN COMPLIANCE WITH THE ORLEANS GROUNDWATER
DISCHARGE PERMIT AND ACCEPTABLE TO THE MASSACHUSETTS DEP.
AS OF THE EFFECTIVE
DATE, SELLERS REPRESENT AND WARRANT THAT THE MASSACHUSETTS DEP HAS NOT REQUIRED
THE ORLEANS SECURITY TO BE
45
POSTED.
SKAKET ASSOCIATES TRUST AND THE PURCHASER AGREE TO EXECUTE ANY
DOCUMENTS REASONABLY REQUIRED TO IMPLEMENT THE FOREGOING.
CONCURRENTLY WITH THE
ISSUANCE OF THE ORLEANS FINAL CERTIFICATE OF COMPLIANCE, THE CCC REQUIRED THAT
THE HEIGHT OF THE LIGHTING AT THE ORLEANS PROPERTY BE CHANGED AND REQUESTED THAT
SKAKET ASSOCIATES TRUST PROVIDE THE HARWICH/ORLEANS ESCROW AGENT WITH TEN
THOUSAND DOLLARS ($10,000) TO ASSURE THAT THE LIGHTING AT THE ORLEANS PROPERTY
BE CHANGED TO COMPLY WITH THE CCC'S REQUIREMENTS RELATING TO HEIGHT AND
ILLUMINATION.
SKAKET ASSOCIATES TRUST SHALL, AT ITS SOLE COST AND EXPENSE, MAKE
ANY MODIFICATIONS TO THE LIGHTING AT THE ORLEANS PROPERTY REQUIRED BY THE CCC TO
SATISFY ITS CURRENT REQUIREMENTS (THE "ORLEANS LIGHTING WORK").
IN THE EVENT
THAT THE ORLEANS LIGHTING WORK IS NOT COMPLETED PRIOR TO THE CLOSING DATE, THE
PURCHASER AND SKAKET ASSOCIATES TRUST SHALL ENTER INTO AN ACCESS AGREEMENT, IN
FORM AND SUBSTANCE ACCEPTABLE TO SUCH PARTIES, TO PERMIT SKAKET ASSOCIATES TRUST
SUCH LIMITED ACCESS TO THE ORLEANS PROPERTY AS MAY BE NECESSARY TO PERFORM THE
ORLEANS LIGHTING WORK.
THE FOREGOING OBLIGATION TO PERFORM THE ORLEANS LIGHTING
WORK AND TO ENTER INTO AN ACCESS AGREEMENT RELATING THERETO SHALL SURVIVE THE
CONSUMMATION OF THE CLOSING.
(F)
SEPTIC SYSTEMS.
THE TITLE 5 REPORTS INDICATE THAT AN INSPECTION
OF THE SUBSURFACE SEWAGE DISPOSAL SYSTEM SERVICING THE PROPERTIES IDENTIFIED
THEREIN WERE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5 OF THE
MASSACHUSETTS ENVIRONMENTAL CODE, 310 CMR 15.000 ET SEQ. (THE "TITLE 5
REGULATIONS").
EXCEPT FOR THE TITLE 5 REPORTS RELATING TO THE HANOVER PROPERTY
AND THE KINGSTON PROPERTY, THE TITLE 5 REPORTS CERTIFY THAT THE APPLICABLE
SYSTEMS PASS, I.E., DO NOT VIOLATE ANY OF THE FAILURE CRITERIA IN SECTION 15.303
OF THE TITLE 5 REGULATIONS.
THE SELLERS OR THE APPROVED SYSTEM INSPECTORS THAT
PREPARED THE TITLE 5 REPORTS HAVE (OR SHALL, PRIOR TO THE CLOSING DATE), SUBMIT
COPIES OF THE TITLE 5 OFFICIAL INSPECTION FORMS TO THE MASSACHUSETTS DEP OR THE
BOARDS OF HEALTH FOR THE MUNICIPALITIES WHERE THE PROPERTIES ARE LOCATED, AS
REQUIRED UNDER THE TITLE 5 REGULATIONS.
THE TITLE 5 REPORTS RELATE TO EACH
PROPERTY THAT IS SERVICED BY A SEPTIC SYSTEM SUBJECT TO THE TITLE 5 REGULATIONS.
The Purchaser acknowledges that the Title 5 Report relating to the Hanover
Property revealed that the Hanover Property's septic system does not comply with
the Title 5 Regulations.
Tedeschi Realty agrees to replace the Hanover
Property's septic system at Tedeschi Realty's sole cost and expense.
The work
(the "Hanover Work") to