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4 Hills and the Rice Creek Watershed District. If any such contingency has not been satisfied on or before said date (which determination shall be within the Buyer’s exclusive discretion), then this Agreement may be terminated, at Buyer’s option, by written notice from Buyer to Seller. Upon such termination, the Earnest Money shall be immediately returned to Buyer, and neither party shall thereafter have any further rights against or obligations to the other hereunder, except as expressly provided otherwise herein. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of Buyer, and Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. The obligations of Buyer under this Agreement are contingent upon Buyer’s determining (in its sole discretion) that Buyer is satisfied with each of the following: 7.1 With the results of all environmental investigations, studies and tests completed by an environmental testing firm acceptable to Buyer. 7.2 With the results of all soil and other site engineering investigations, studies and tests, which Buyer deems appropriate. 7.3 With utilities, storm water retention and all on-site and off-site infrastructure to the Real Property. 7.4 With all government approvals desired by Buyer to develop the Real Property, including, but not limited to, waiver of all park dedication fees for the Real Property. 7.5 With the Real Property title, including all leases, easement agreements, including but not limited to the easements Seller will provide to Buyer, maintenance agreements, or any other agreements relating to the Real Property. 7.6 With its review of all documents provided to Buyer by Seller. 7.7 With its review of the condition of title to the Real Property. 7.8 That the Real Property is suitable for Buyer’s needs in accordance with Buyer's development plans. 7.9 With the physical condition of the Property including zoning, access, drainage, and wetlands. Subject to any rights or restrictions under any of the Permitted Encumbrances, Buyer and its agents will have the right, from time to time prior to the Closing, to enter upon the Real Property to examine the same and the condition thereof and to conduct such surveys and to make such engineering and other inspections, tests, and studies as Buyer determines to be reasonably necessary, all at Buyer’s sol e cost and expense.