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Commission shall provide Company access to the premises in order for Company to conduct an inspection before proceeding with this transaction to purchase the Property. The Company shall conduct such inspection within sixty (60) days of the date of this Agreement, and by proceeding to close this transaction the Company shall have completed to its satisfaction its own investigation of the Property and has chosen to rely exclusively on its own inspections of the Property. However, after the inspection of the Property and before Closing, Company shall have the right, in its sole and subjective discretion, to either (i) terminate this Agreement by providing Commission written notice of its decision to terminate; or (ii) waive any such matters which may arise as a result of this inspection. After Closing, the Company assumes liability for the condition of the Property from and after the date of Closing. The Commission retains liability for the condition of the Property prior to the date of Closing. Neither party is indemnifying the other regarding the condition of the Property. (b) Use the Property consistent with electronic data storage, transmission, and disaster recovery purposes consistent with the IPPUD. This use shall be supported by the construction of a no less than 45,000 square foot and no more than 55,000 square foot facility consistent with the architectural guidelines of the IPPUD, with the capability of expanding an additional 40,000 square feet. (c) Convey back the Property to the Commission ( "the Reconveyance ") in the event it (i) fails to obtain a Building Permit within six (6) months after the date of this Agreement consistent with paragraph 6(b) above; and (ii) fails to develop the Property pursuant to paragraph 6(b) above within three (3) years of the date of this Agreement. As part of the Reconveyance, the Commission will pay to the Company the cash amount of the purchase price herein. In the event Company satisfies conditions (i) and (ii) above, the Commission shall execute and record a release in a form reasonably satisfactory to Company contained in the Limited Warranty Deed. (d) Not discriminate on the basis of race, color, creed, sex, or national origin in the sale, lease, rental, use or occupancy of the Property. (e) Prior to the construction of any improvements on the Property, submit to the Commission any and all design plans for approval by the IPPUD Architectural Design Committee, whose approval will not be unreasonably withheld or delayed. However, the Company further agrees to submit a design plan which will include a water feature and office curtain wall as depicted in the illustration attached hereto and made a part hereof as Exhibit "D ". The water feature and office curtain wall are hereafter known as "Enhancement Number I". The Commission shall provide construction drawings, at its cost, for the super structure canopy extensions and wrap- around to hide rooftop mechanicals as depicted on Exhibits "D -I" and "D -2" hereafter known as "Enhancement Number 2 ". 2