America Online 2010 Annual Report Download - page 136

than one hundred twenty (120) days after Closing, Purchaser shall replace the CC7/CC8 Bonds with bonds acceptable to the County (the "CC7/CC8
Replacement Bonds"). In the event Purchaser does not anticipate obtaining the CC7/CC8 Replacement Bonds within one hundred twenty (120) days
after Closing, (a) upon prior written notice from Purchaser to Seller requesting transfer of the CC7/CC8 Bonds from Seller to Purchaser (such notice to
be sent to Seller early enough to ensure transfer within one hundred twenty (120) days after Closing), and (b) payment by Purchaser of all applicable
transfer fees, Seller shall, if the CC7/CC8 Bonds are transferrable, use commercially reasonable efforts to transfer the CC7/CC8 Bonds to Purchaser;
provided, however, if the CC7/CC8 Bonds are not either replaced or transferred in accordance with this Section 1.6.2 within one hundred twenty
(120) days of Closing, Purchaser shall reimburse Seller three hundred percent (300%) of the bond premium (as calculated on a per diem basis)
attributable to Purchaser's period of ownership of the Property and paid by Seller for the CC7/CC8 Bonds, until the CC7/CC8 Bonds are either replaced
or transferred to Purchaser. This Section 1.6.2 shall survive Closing.
1.7 Air Generator Permits. Purchaser acknowledges that there are generators owned by Seller and located on the Property that will be conveyed to
Purchaser at Closing (the "Seller Generators") and that Seller currently holds an air permit for the Seller Generators (the "Seller Air Permit").
Purchaser further acknowledges that the Seller Generators do not include the generators owned by Raytheon. On or prior to the Closing Date, Purchaser
shall file all such paperwork and applications that are required to obtain from the Virginia Department of Environmental Quality (the "DEQ"), as soon
as possible after Closing, an air permit for the Seller Generators. Purchaser shall indemnify, hold harmless and, if requested by Seller (in Seller's sole
discretion), defend (with counsel reasonably approved in advance in writing by Seller) the Seller Indemnitees from and against any and all damages,
liabilities, losses, demands, actions, causes of action, claims (including third-party claims), costs and expenses arising out of or relating to Purchaser's
failure to obtain an air permit or to satisfy any of the permit conditions pertaining to the Seller Air Permit. Until such time as Purchaser obtains an air
permit for the Generators, Purchaser agrees to timely provide Seller with monthly generator run logs and satisfy all other conditions pertaining to the
Seller Air Permit. This Section 1.7 shall survive Closing.
1.8 Correction of Plat attached to Deed of Subdivision and Easement: The parties acknowledge that there is a scrivener's error on one of the calls in the plat
entitled "Preliminary/Record Plat for Lot 41A22, Phase 1, Broad Run Business Center", recorded as Instrument No. 20040607-0057306, attached to the
Deed of Subdivision and Easement recorded therewith as Instrument No. 20040607-0057305 (the "Plat"). As soon as possible after the Effective Date,
Seller shall prepare a Deed of Correction and Plat of Correction (the "Corrected Deed and Plat") to reflect a correction of the scrivener's error (the
"Plat Error"). Upon
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