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<br />~, ~~J,, by Fire or Other C'asualty• Condemnation. <br />If that, prior to close of Escrow., the Property, or any part <br />thereof, is completely destroyed or materially damaged, or if <br />condemnation proceedings are commenced against the Property or, <br />if non-material damage to the Property, which damage Seller is <br />unwilling to repair or replace at its expense prior to or <br />within a reasonable time after the Closing Date, Buyer shall <br />have the right, exercisable by giving notice of such decision <br />to Seller within fifteen (15) days after receiving written <br />notice of such damage, destruction or condemnation proceedings, <br />to terminate this Agreement, in which case neither party shall <br />have any further rights or obligations hereunder. <br />8. Posses~~on. Possession of the Property shall be <br />delivered to Buyer on the Closing Date free of any tenancies; <br />provided, however, that, without limiting any other provisions <br />of this Agreement, Seller shall afford authorized <br />representatives of Buyer reasonable access to the Property for <br />the purposes of satisfying Buyer with respect to the <br />representations, warranties, and covenants of Seller contained <br />herein and with respect to satisfaction of any conditions <br />precedent to the close of Escrow contained herein or other <br />inspections which Buyer wishes to perform. <br />9. Maintenance of the Proper v. Between the <br />Seller's execution of this Agreement and the close of Escrow, <br />Seller shall maintain the Property in good order, condition and <br />repair, reasonable wear and tear and complete destruction or <br />material damage excepted, and, subject to complete destruction <br />and material damage shall make all repairs, maintenance and <br />replacements of the improvements thereon and otherwise operate <br />the Property in the same. manner as before the making of this <br />Agreement, the same as though Seller were retaining the <br />Property. <br />10. Miscellaneous. <br />11.1. Notices. All notices or other <br />communications to be given hereunder shall be in writing and <br />shall be deemed received when personally delivered by <br />commercial courier or otherwise, or five (5) business days <br />after deposit in the United States mail, registered or <br />certified, return receipt requested, addressed as follows: <br />If to Seller: <br />Michael J. Bonasera <br />900 Winchester Blvd. #4 <br />San Jose, California <br />95128 <br />-5- <br />