OFFER TO PURCHASE (cont'd)

5.09 The Vendor warrants that to the best of its knowledge the Lands do not

contain any contaminants or toxic wastes including, but not limited to, PCB’s
or wood preservatives. |

5.10 The Lands shall be at the risk of the Vendor up to and including 12:00

\ o’clock noon of the Completion Date, and in the event of loss or damage to.
the same occurring before such time by reason of tempest, lightning,
earthquake, flood or other act of God, fire, explosion, riot, civil commotion,
insurrection or war, the Purchaser may, at its option, cancel this agreement,
and shall therenpon be entitled to the return of any monies paid hereunder...
The Lands shall be at the risk of the Purchaser from and including 12:00
o’clock noon of the Completion Date. ae -

| 5-11 All appropriate documents to effect the sale and purchase of the Lands shall

: be prepared by the Purchaser, in repistrable form on the terms and

conditions herein set forth, and shall be delivered for execution by. the
Purchaser to the Vendor on or before the Completion Date. The Purchaser
shall bear all costs of Fansterring the Lands to the Purchaser, including:
registration costs. The Vendor shall bear all costs of ensuring that the Lands.

are encumbered only as specified in paragraph 3.01 hereof.

Ps ee] 5.12 There are no representations, warranties, guarantees, promises or
BO I agreeinents other than those contained herein, all of which shall survive the
completion of the sale, and shall not merge therewith. oe

5.13 This Offer to Purchase shall be open for acceptance by the Purchaser up to |
12:00 o’clock p.m. on June 28_, 1989 and upon acceptance by the Purchaser
: shall be a binding agreement for the sale/purchase of the Lands, on the
| terms and conditions herein set forth, and if not aecepted by the Vendor on
or befcre ,
such date, shall be null and void. The agreement resulting from this Offer to
Purchase shall enure to the benefit of and be binding upon the parties. .

hereto, their respective heirs, executors, administrators,
successors and assigns.

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880105 ACQUISITION (Lands only)