If Buyer shall discover or determine prior to the expiration of the Due Diligence Period
that it is not satisfied in any way with the status of the Premises or the results of any of its due
diligence or inspections, Buyer shall have right to terminate this Agreement and have any Deposit
refunded forthwith, and all the parties shall thereafter be released from any further obligations
hereunder.
6. POSSESSION OF THE PREMISES AND RISK OF LOSS. The Premises shall be
delivered to the Buyer at the time of the closing free of Nashua Millyard Associates personal
property, and encumbrances. The risk of loss or damage to the Premises, by fire or other casualty,
or condemnation, prior to the Closing Date is assumed by Seller. If all or a portion of the Premises
should be destroyed or damaged by fire, other casualty, or taken by eminent domain, Buyer may, at
its option, terminate this Agreement by written notice delivered to the Seller at or prior to the closing,
and both parties shall be discharged from all further obligations or Buyer may accept assignment of
insurance or condemnation proceeds and proceed with purchasing the Premises.
7. FINANCING. This Agreement is not contingent upon the Buyer obtaining financing.
8. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and
warrants to Buyer that the following are true as of the date of this Agreement and will be true as
of the Closing:
(a) The Premises are not the subject of any existing cease and desist orders,
enforcement actions, or any federal, state of local code enforcement violations.
(b) — Except as set forth in Section 3 above, there are no unrecorded outstanding pending
or threatened liens, claims, rights of first refusal, licenses, or encumbrances against
or affecting the Premises, which have not been disclosed to Buyer in this
Agreement.
(c) There are no outstanding claims, losses or demands against Seller by any person,
entity, or governmental unit respecting Seller’s ownership, use, or occupancy of the
Premises, which have not been disclosed to Buyer in this Agreement, including
without limitation Mechanic’s Liens.
(d) Seller has no knowledge of any boundary disputes or encroachments affecting the
Premises.
(e) There is only one lease, the Radio Tower Lease, on a portion of the Premises with
Absolute Broadcasting Inc.
(f) Seller has no knowledge of any pending or threatened litigation that may adversely
affect the transfer of the Premises hereunder or materially affect the value of the
Premises.
(g) Neither the whole nor any portion of the Premises has been condemned,
requisitioned, or otherwise taken by any public authority and no notice of any such
