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ADDENDUM "B" <br /> 1• The BUYER'S performance hereunder shall be contingent upon the following: <br /> (a) The BUYER procuring , at its expense and effort, all necessary approvals <br /> and permits from all government entities/authorities having jurisdiction, including <br /> without limitation: the Town of Mashpee Board of Health, Building Department, <br /> Conservation Commission, Planning Board and Board of Appeals; the Cape Cod <br /> Commission, Commonwealth of Massachusetts; and any other Federal, State, County and <br /> Municipal authority, which approvals and permits would allow the BUYER to construct <br /> self storage units on the premises consisting of eighty-five thousand (85,000) square feet <br /> of space on two levels or stories, which units are to be rented/leased/licensed to the <br /> public for general storage purposes, in the normal course of business. All of said permits <br /> and approvals, including a building permit are to be issued to the BUYER on or before <br /> the time for performance. In the event the Buyer is unable to obtain such permits or <br /> approvals as specified then all deposits made hereunder shall be forthwith returned to <br /> Buyer and all obligations of the parties shall cease without recourse to either party. <br /> Notwithstanding the above, the Buyer may exercise its rights under this <br /> contingency clause and treat the permits or approvals as not granted in the event the <br /> permits and/or approvals impose such conditions which would cost the Buyer in excess <br /> of Twenty Five Thousand and 00/100 ($25,000.00) Dollars so as to make the proposed <br /> development of the premises economically unfeasible or impractical. <br /> The Buyer agrees to commence the permitting process by August 9, 2000. <br /> (b) The premises being in conformity with all Mashpee Zoning Bylaws for <br /> the use of the premises for a self storage rental business with an onsite living unit. <br /> (c) The premises satisfactorily passing a percolation test for the installation of <br /> a Title V septic system to service the premises. The BUYER may at its expense subject <br /> the premises to said test and to any other excavation or soil tests as the BUYER deems <br /> appropriate. <br /> (d) The premises not containing any hazardous materials/waste so as to be in <br /> violation of Mass. General Laws Chapter 21E, and not being a burial ground for human <br /> remains. <br /> (e) The BUYER procuring a "Curb Cut" from the Commonwealth of <br /> Massachusetts or the Town of Mashpee, if applicable, for egress and ingress to and from <br /> Route 130, Mashpee, Massachusetts, prior to the time for performance. <br /> Dunning&Kirtane,LLP. <br /> 133 Falmouth Road,P.O.Box 560,Muhpce.MA 02649 <br /> (508)477-6500 (508)477.5697 Fax <br />