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<br />determined by Buyer and otherwise in a form satisfactory to Buyer, in Buyer's sole
<br />discretion, and not disclosing any encumbrance not acceptable to Buyer in Buyer's
<br />sole discretion, except for the Permitted Encumbrances described in Section 8.3.
<br />Buyer does not, by its execution hereof, waive any right to exercise this condition on
<br />account of any Permitted Encumbrance or other encumbrance or other matter of which
<br />it has knowledge as of the date hereof. Buyer is the benefitted party to this
<br />contingency.
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<br />5.2 Survey. On or before One Hundred and Twenty (120) days from the
<br />Execution Date, Buyer (a) shall obtain an AL TA survey bearing the legal description of
<br />the Initial Property and the Property, and showing the area, dimensions and location of
<br />the Property, the topography, the location of all available utilities, the location of all
<br />improvements and encroachments, the location of any recorded easements, which
<br />survey shall be prepared at Buyer's expense; and (b) shall have satisfied itself, in its
<br />sole discretion, that the survey does not disclose any condition rendering the Property
<br />unusable as a 24-hour "Holiday Stationstore" with a car wash ("Proposed Use"). Buyer
<br />is the benefitted party to this contingency.
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<br />5.3 TestinQ. On or before One Hundred and Twenty (120) days from the
<br />Execution Date, Buyer shall have determined, in its sole discretion and at Buyer's
<br />expense, that it is satisfied with (a) the results of and matters disclosed by soil tests,
<br />engineering inspections, hazardous substance and environmental reviews of the
<br />Property, including that the Property is (1) free from Hazardous Substances; and (2)
<br />sufficient for the Proposed Use, including grades, elevations and compactions; and (b)
<br />all other inspections and due diligence regarding the Property. Buyer is the benefitted
<br />party to this contingency.
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<br />5.4 Utilities. On or before One Hundred and Twenty (120) days from the
<br />Execution Date, Buyer shall have satisfied itself, in Buyer's sole discretion, that water
<br />and gas mains, electric power lines, sanitary and storm sewers and other utilities are
<br />available to the Property and adequate for the Proposed Use. Buyer is the benefitted
<br />party to this contingency.
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<br />5.5 Approvals. On or before One Hundred and Eighty (180) days from the
<br />Execution Date, Buyer shall have obtained, at Buyer's expense, all appropriate
<br />approvals and permits necessary, in Buyer's sole discretion, for the Proposed Use,
<br />which approvals may include, without limitation, appropriate zoning, subdivision
<br />pursuant to Section 10, platting, conditional use permits, curbcut and other access
<br />permits, signage permits, building permits, required licenses and site plan approval
<br />and architectural approval. Buyer agrees to proceed diligently and Seller agrees to
<br />cooperate. Buyer is the benefitted party to this contingency. Provided, however, that
<br />nothing herein shall obligate Seller to approve development permits for the Property
<br />unless the development application and/or proposed use comply with Seller's
<br />development regulations.
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<br />. 5.6 Access/Roads. On or before One Hundred and Twenty (120) days from
<br />the Execution Date, Buyer shall have satisfied itself, in Buyer's sole discretion, that
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