If Seller i s un ab le or unwilling to eliminate or modify all of Buyer's Objections to the commercially reasonable satisfaction of Buyer, Buyer may (as its sole and exclusive remedy) term i nate this Agreement by delivering written notice to Seller by the earlier to occur of (i) the Closing Date or (ii) five (5) days after Seller's written notice (or deemed notice ) to Buyer of Seller ' s intent to not cure one or more of such Buyer's Objections in which event, the Deposit will be r e turned to Buyer, and neither party shall have any rights or obligations under this Ag r eement other than obligations that survive termination of this Agreement.
Seller ' s fa il ure to provide such a notice will be deemed an election by Seller not to cure any Buyer's Objections.
Within five (5) Business Days after Seller's receipt of Buyer's Objections, Seller shall notify Buyer in writing of the Buyer ' s Objections, i f any, which Seller elects to attempt to cure at or pr i or to Closing.
Except for Buyer ' s Objections that are timely raised pursuant to the preceding sentence, Buyer shall be deemed to have accepted the form and substance of the Survey, all matters shown thereon, and all except i ons to the Title Commitment and other items shown thereon. If (i) the Survey of the Land and Improvements shows any easement, right-of-way or vacated right-of way, encroachment, conflict, protrusion or other matter that is unacceptable to Buyer, or (ii) any exceptions appear in the Ti tle Commitment that are unacceptable to Buyer, Buyer shall, on or before the expiration of the Inspectio n Period, notify Seller in writing of such matters (the Buyer's Objections ). The tracts of land, situated in Pinellas County, Florida, described on Exhibit A attached hereto and by this reference made a part hereof consisting of five (5) parcels of land (collectively, the Land), which shall be deemed to include all appurtenances, licenses, easements, rights-of-way, vacated rights-of-way (to include all vacated rights-of-way of Second Avenue South contiguous to Parcel 1 as described in Exhibit A ), benefiting easements, tenements and hereditaments incident thereto, if any, and any and all title and interest of Seller in and to all strips and gores, any land lying in or under the bed of any adjoining street, and any streets, roads, pipes, utility lines and infrastructure improvements in, on or under the Land, if any, and any existing permits, licenses, entitlements or approvals affecting the use or development of the Land, including any impact fees or density credits, development orders, special exceptions, utility, tap, capacity or connection rights, concurrency rights or similar matters, together with any buildings, structures, fixtures and other improvements on the Land.
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