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5.6 Access/Roads. On or before One Hundred and Twenty (120) days . from the Execution Date, Buyer shall have satisfied itself, in Buyer's sole discretion, that access to and from roads and the Property is adequate for the Proposed Use, including without limitation, median cuts and curb cuts. Buyer is the benefitted party to this contingency. 5.7 Architecture and Site Plan. On or before the Closing Date, and without limitation of the terms of Section 5.5, Buyer shall be satisfied that it may develop the Property in accordance with a site plan, architectural plan, building plan, grading and drainage plan and other plans and specifications satisfactory to Buyer in its sole discretion. Buyer is the benefitted party to this contingency. 5.8. Real Estate Committee. On or before Thirty (30) days from the Execution Date, Buyer shall have received approval from its Executive Committee for the purchase of the Property, in its sole discretion. Buyer is the benefitted party to this contingency. Seller shall reasonably cooperate with Buyer's efforts to satisfy such contingencies. Unless otherwise expressly stated herein, Buyer shall bear all cost and expense of satisfying Buyer's contingencies set out herein. If any of the foregoing contingencies have nat been satisfied on or before the applicable contingency date, then this Agreement and any related agreements may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such written notice must be given on or before the applicable contingency date, . or Buyer's right to terminate this Agreement and any related agreements pursuant to this Section shall be waived. If Buyer terminates this Agreement and any related agreements pursuant to this Section, then any amount previously paid by Buyer to Seller, including the Earnest Money, shall immediately be refunded to Buyer. Upon termination, neither party shall have any further rights or obligations against the other regarding this Agreement and any related agreements or the Property. If Buyer elects not to exercise any of the contingencies set out herein, such election may not be construed as limiting any representations or obligations of Seller set out in this Agreement, including without limitation any indemnity or representations of Seller set out herein with respect to environmental matters. Further, Buyer shall not be deemed to have waived any of the foregoing contingencies on account of its execution of this Agreement and its agreement that the Permitted Encumbrances shall not constitute objections to title. 6. Closinq. The closing of the purchase and sale contemplated by this Agreement ("Closing") shall occur fifteen (15) days after the expiration or waiver of all contingencies described in Section 5, at such time and location as mutually agreed to by Seller and Buyer, but in no event later than September 30, 2005. The date on which the Closing occurs shall be called the "Closing Date." Seller agrees to deliver exclusive vacant possession of the Property to Buyer on the Closing Date. 6.1 Seller's Closinq Documents. On the Closing Date, Seller shall . execute and deliver to Buyer the following: Purchase Agreernenl 3.dac 4