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<br />I <br />I <br />I' materials (including copies of exception documents referenced in the title policy or title <br /> commitment, as the case may be), and environmental information that are in Seller's possession. <br />I (I) Purchaser may, at its sole risk, cost and expense, conduct or cause to be <br /> conducted soil conditions, and/or hazardous materials engineering tests and/or <br /> environmental assessments of the Land and in this connection, it or its designated agents <br />I may enter upon the Land for purposes of inspection, soil analysis, core drilling or other <br /> tcsts that may be deemed necessary or desirable by Purchaser or its engineer (including, <br /> without limitation, engineering tests to determine the existence, if any, of any geological <br />I faults in or undermining of the subsurface of the Land and the location thereof). <br /> Purchaser shall restore or repair any damage caused, related to or arising out of <br /> Purchaser's conducting of these tests. Purchaser shall indemnify, hold harmless and, at <br />I Seller's option, defend Seller against any and all claims, actions, causes of actions, <br /> expenses, costs, penalties and liability arising out of its work or those of its employees, <br /> agents or contractors on the Land which indemnity shall also include the payment of <br />I reasonable attorneys' fees. <br />I (2) Purchaser shall determine whether the improvements contemplated by <br /> Purchaser for the Property and the use thereof are permitted by all governmental or quasi- <br /> governmental authority (local, state or federal), including but not limited to zoning, <br />Ie subdivision and special use authorities. <br /> (3) Purchaser, at its sole cost and expense, shall determine that it shall have <br />I the right to construct and operate upon the Property, upon proper application to the <br /> appropriate governmental authorities and at a cost reasonably acceptable to Purchaser, its <br /> proposed buildings and other improvements. Said applications and approvals (the <br />I "Governmental Approvals") shall include, but shall not be limited to, the proper zoning <br /> and all other authority to construct Purchaser's buildings and all other necessary or <br /> desirable improvements (including Purchaser's signage). <br />I (4) Purchaser shall have satisfied itself as to the environmental condition of <br />I the Land, based on environmental testing pursuant to this Section 10 and any <br /> environmental reports furnished to the purchaser by the Seller pursuant to this Section 10. <br />I (B) If Purchaser shall determine that it is not possible to develop the Property as <br /> intended by Purchaser, then Purchaser may terminate this Agreement by giving notice (the <br /> "Termination Notice") of its election to do so to Seller on or before the expiration of the <br />I Inspection Period. The Termination Notice shall set forth the reasons for the termination of this <br /> Agreement in reasonable specificity. Upon such a termination, the Earnest Money shall be <br /> returned to Purchaser, If the Termination Notice is not given on or before the expiration of the <br />I Inspection Period (as the same may extended as herein provided) then Purchaser shall be <br /> conclusively presumed to have irrevocably waived the right to terminate under this Section 10 <br />if and to have accepted the Property in its "as is" condition and the Seller shall have no liability to <br /> the Purchaser on account of any conditions existing on the Land. <br />I 6 <br />