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~ 16 . Damage or Destruction; Condemnation. Until commencement of demolition <br />of the eacisting buildings, the risk of loss shall be retained by the Seller, except as may otherwise be <br />provided in the Development Agreement, Ground Lease or the Declaration and Bylaws. The Seller <br />shall keep the Real Property fully insured prior to and following close of escrow, except as may <br />otherwise be provided in the Development Agreement, Ground Lease or the Declaration and <br />Bylaws. <br />In the event all or any material portion of the Real Property is damaged, destroyed, or <br />condemned or threatened with condemnation before the Closing Date, the Buyer may terminate this <br />Agreement. In such event, escrow will be terminated, the earnest money deposit and Interest will <br />be promptly returned to the Buyer, and this Agreement shall have no further force or effect <br />whatsoever. If a nonmaterial portion of the Real Property is destroyed or condemned, this <br />Agreement shall remain in full force and effect, including, without limitation, the Buyer's <br />obligation to close this transaction as provided for here and to pay the full purchase price to the <br />Seller. In such event, the Buyer shall be assigned all insurance proceeds or condemnation proceeds <br />payable to or for the account of the Seller. <br />17. Notices. All notices or other communications required or permitted under this <br />Agreement shall be in writing and shall be (a) personally delivered (including by means of <br />professional messenger service), which notices and communications shall be deemed received on <br />receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return <br />receipt requested, which notices and communications shall be deemed received three days after <br />deposit in the United States mail; (c) sent by overnight delivery using a nationally recognized <br />overnight courier service, which notices and communications shall be deemed received one <br />business day after deposit with such courier; or (d) sent by telefax, which notices and <br />communications shall be deemed received on the delivering party's receipt of a transmission <br />confirmation. Notice of change of address shall be given by written notice in the manner detailed <br />in this paragraph. <br />To Buyer: R.G. Andersen-Wyckoff With a Copy to: Ben C. Fetherston, Jr. <br />General Manager PO Box 2206 <br />Salem Area Mass Transit District Salem, OR 97308 <br />3140 Del Webb Ave NE <br />Salem, OR 97303-4165 <br />To Seller: Randy CurCis With a Copy to: Michael Hansen <br />Director, Department of General Services 530 Center St NE <br />Marion County Salem, OR 97301 <br />200 High St NE <br />Salem, OR 97301 <br />18. Required Actions of Buyer and Seller. The Buyer and the Seller agree to <br />execute all such instruments and documents and to take all actions pursuant to the provisions of <br />this Agreement in order to consummate the purchase and sale contemplated and shall use their best <br />efforts to accomplish the close of escrow in accordance with the provisions here. <br />19. Entry. The Buyer, its agents, and designees shall have reasonable access to the <br />Real Property for the sole purpose of confirnung that it is in substantially the same condition at <br />Purchase and Sale Agreement <br />Salem Area Mass Transit District/Marion County <br />~ Page - 10 <br />0128970748 <br />