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. Subject to all of the terms of this Agreement, the Commission agrees to sell and the <br />Developer agrees to purchase the Property for the sum of Three Hundred Thirty Nine Thousand Two <br />Hundred and 00 /100 Dollars ($339,200.00) ( "Purchase Price "), to be paid in cash or by certified <br />check when the deed conveying the Property to the Company is delivered to the Developer. <br />SECTION II. CONVEYANCE OF PROPERTY. <br />A. Form of Deed. Subject to the transfers of the Properly to the Commission and the <br />terms of this Agreement, the Commission shall convey to the Developer title to the Property by quit <br />claim deed in the form set forth at Exhibit C ( "Deed "). In addition to the other conditions, covenants <br />and restrictions in this Agreement, such conveyance and title shall be subject to: <br />1. Building and use restrictions in the Plan (and its covenants) and this <br />Agreement. <br />2. Applicable building codes and zoning ordinances. <br />3. Any and all other covenants, restrictions, easements and reservations of <br />record. <br />• 4. Declaration of Protective Covenants and Restrictions of the Blackthorn <br />Corporate Center ( "Covenants "), dated as of the 19th day of March, 1993, and <br />as amended from time to time, and the Blackthorn Corporate Center <br />Development Guidelines ( "Guidelines "), dated as of the 19th day of March, <br />1993, and as amended from time to time. <br />5. An amended Utility Easement in the form set forth at Exhibit D. <br />6. Marathon Easements as amended by the Easement Amendment with License <br />set forth at Exhibit F. <br />7. Development Agreement in the form set forth at Exhibit F. <br />B. Time and Place of Closing on Sale of the Property. Subject to the terms and <br />conditions of this Agreement, the Commission shall deliver the Deed and possession of the Property <br />to the Developer on August 31, 2006 or earlier if the parties mutually agree in writing. Conveyance <br />shall be made at the offices of City of South Bend Department of Redevelopment. Fees for closing <br />services provided by the title company shall be borne by the Commission. The Developer shall <br />accept the conveyance and pay the Purchase Price to the Commission at that time and place. <br />Prior to closing and as a condition precedent thereto, Developer must execute the <br />Development Agreement as set forth at Exhibit F and provide to the Commission evidence <br />• <br />