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8.2 The Property shall be delivered to the Buyer at Closing in its present physical condition, except as otherwise provided in this Agreement. It shall be Buyer's responsibility to • determine that all utility service required by Buyer is available to the Property. City agrees, prior to closing, to ask Virginia Power to relocate all existing electric power lines and easements to the underground locations shown on the approved site plan for the Property; to the extent feasible, the cost of such relocation shall be borne by Virginia Power, with the incremental cost of placing the utilities underground to be borne by Buyer. 8.3 Pursuant to the deed dated July 25, 1988, from CSX to City, which deed is recorded in the Office of the Clerk of the Circuit Court of the. City of Charlottesville, in Deed Book 515, page 668, City covenanted and agreed (at page 671) to construct and maintain a fence (of the type at interstate highway rights-of-way) along the track side of the Property where it is adjacent to CSX's railroad tracks. If Buyer by written request asks that the fence be constructed, City shall remain liable for the initial construction of such fence, and Buyer shall assume the on-going maintenance obligations. This covenant shall survive closing. Section 9. Events of Default. 9.1 The unexcused failure of either party to perform any or all of its obligations as set forth in this Agreement shall be an Event of Default; provided, however, that any failure on the part of the Buyer to fulfill its obligations with respect to site development or construction shall not be deemed an Event of Default until the City has given Buyer notice of such failure and a reasonable opportunity to cure any such failure. • 9.2 In addition to any other remedies provided in this Agreement or available at law or in equity, upon the occurrence of an Event of Default the non -defaulting party may, by notice to the defaulting party, declare a default and: (a) the non -defaulting party may sue for specific performance; (b) if Buyer is the defaulting party, Buyer shall, within 5 days of demand therefor by the City, deliver to the City all site, engineering, architectural, or other plans and all financial projections and construction budgets prepared by or for Buyer with respect to the Property_ Buyer's earnest money deposit and interest thereon shall be paid to the City. Section 10. Miscellaneous. 10.1 Any notice, election, or consent required or permitted to be given under this Agreement shall be given in writing and shall be deemed to have been duly given when hand - delivered or when delivered by the United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: • Page 6 of 8