2013-04-24 BOS Packet - Released

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4.Purchase Price: The agreed purchase price for the Property is Ten Million Nine Hundred Fifty Thousand ($10,950,000.00) Dollars (the “Purchase Price”), of which $ 1,000.00 has been paid as a deposit this day (the “Deposit”); $ 10,949,000.00 is to be paid at the time of delivery, acceptance and recording of the deed by wire transfer. $ 10,950,000.00 TOTAL 5.Time for Performance; Delivery of Deed : th Such deed is to be delivered at 10:00 A.M. on the 30 day of November 2013 (the “Closing Date”) at the office of the Lexington Town Manager at 1625 Massachusetts Avenue, Lexington, Massachusetts 02420, provided BUYER and SELLER shall have the right to extend the Closing Date by up to thirty (30) days upon written notice to the other party not less than five (5) days prior to the Closing Date, and provided further that SELLER shall not be entitled to extend under this paragraph if it has already extended the Closing Date under Paragraph 7 herein. It is agreed that time is of the essence of this Agreement. 6.Possession and Condition of Property: Full possession of the Property free of all tenants and occupants is to be delivered at the time of the delivery of the deed, the Property to be then in compliance with provisions of any instrument referred to in Paragraph 3 hereof. 7.Extension to Perfect Title or Make Property Conform: If at the time for performance of this Agreement SELLER shall be unable to give title or to make conveyance, or to deliver possession of the Property, all as herein stipulated, or if at the time of the delivery of the deed the Property does not conform with the provisions hereof, as the case may be; (a) SELLER shall give written notice thereof to BUYER at least three (3) days before the time for the delivery of the deed, (b) SELLER shall use diligent, good faith efforts to remove any defects in title or to deliver possession as provided herein or to make the Property conform to the provisions hereof, and (c) upon the delivery of the notice mentioned above, the Closing Date shall be extended for a period of up to thirty (30) days, provided, however, that (y) such extension period shall be for as short a period as is required by SELLER to effect such necessary cure to the title or condition of the Property and (z) SELLER shall not be entitled, without BUYER’s consent, to extend under this Paragraph 7 if it has already extended the Closing Date pursuant to Paragraph 5 herein. SELLER’s diligent good faith efforts hereunder shall not require SELLER to expend more than $54,750, exclusive of sums paid to discharge mortgages, monetary liens and/or municipal charges. {A0187183.4 } 2