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4. mpert Information- Inspections; Covenants of Co2g@Lration.
<br /> 4.1 Property Information. Within 3 days of the Effective Date, Seller shall deliver to Buyer, at no cost to Buyer,
<br /> complete and accurate copies of any contracts, leases, licenses or other agreements pertaining to the Property, and
<br /> copies of all permits, plats, authorizations, notices, consents, approvals, plans, specifications, surveys, engineering
<br /> studies, analysis, soil test borings, geotechnical reports, environmental studies, operating agreements, Permits,
<br /> wetland delineations, tax statements, tax notices, and other documentation pertaining to the Property (whether
<br /> prepared or issued by Seller, Seller's agents or independent contractors, any governmental authority or agency, federal,
<br /> state or local, or any other third party), to the extent that Seller has the same in its possession or has a right of
<br /> possession thereto (collectively, "Property Information"). Upon delivery of Property Information to Buyer, Seller
<br /> shalll provide written notice ("Property Information Notice") to Buyer stating that the Seller has delivered all of
<br /> the Property Information in its possession and control. If Seller does not timely deliver the Property Information
<br /> and Property Information Notice to Buyer prior to the expiration of the applicable deadline set forth above, then the time
<br /> for all performances, payment obligations, and deadline dates (including, without limitation, the time for performances
<br /> or elections by Buyer hereunder, the dates pertaining to payment or disbursement of any Earnest Money or pertaining
<br /> to any Earnest Money becoming non-refundable, the Contingency Date and Closing Date), shall be extended by one
<br /> (1) day for each day Seller is late in delivering the Property Information.
<br /> 4.2 Inspections, At any time after the Effective Date, Buyer and its employees, agents, contractors, designees,
<br /> attorneys, tax advisors, lenders, and other representatives ("Authorized Parties") shall have the right to enter upon the
<br /> Property from time to time for the purpose of investigating and inspecting the Property, performing inquiries and testing
<br /> upon the Property, and determining the suitability of the Property, including without limitation, inspecting, surveying,
<br /> engineering, test boring, wetland delineating, performance of environmental tests, and other feasibility studies and
<br /> analyses (collectively the "'Inspections"). Except as provided above, Buyer shall indemnify and hold harmless Seller
<br /> from and against any liabilities or damages to persons or property arising from Buyer's entry onto the Property
<br /> hereunder, unless such liabilities or damages arise from the negligence or willful misconduct of Seller,- provided,
<br /> however, that Buyer's indemnification and hold harmless obligations shall not apply to any liabilities or damages arising
<br /> out of or in any way related to any hazardous substances, hazardous materials, pollutants, contaminants, toxic
<br /> substances or contaminated soil or groundwater discovered during the Inspections and not introduced onto the
<br /> Property by Buyer or its Authorized Parties,
<br /> 4.3 Covenants of Cooperation. Seller agrees to cooperate, at no cost to Seller', with Buyer and its Authorized
<br /> Parties with respect to Buyer's intended development and use of the Property and any efforts to obtain any
<br /> governmental or quasi-governmental approvals, permits, authorizations or agreements required for Buyer's intended
<br /> development or use of the Property. Seller agrees to execute, and if required, to use commercially reasonable efforts
<br /> to obtain the written consent therefore from any mortgagee(s) or other third parties who may have a lien upon the
<br /> Property, for any applications, submission's or other documents required to be filed in connection with any efforts to
<br /> obtain such approvals (including, without limitation, a plat or re-plat of the Property).
<br /> 5. Control of ProvertKL.�g�clem�nation.
<br /> 5.1 Control of Pro , Until the Closing, except for Buyer's indemnification obligations set forth in Section 4.2.
<br /> above, Seller shall have full responsibility and the entire liability for any and all damages or injury of any kind
<br /> whatsoever to the Property and all persons, whether employees or otherwise, and all property from and connected to
<br /> the Property, except to the extent caused by Buyer's negligent acts or willful misconduct. From and after the Effective
<br /> Date, Seller will not enter into or permit any new easements, covenants, conditions, restrictions, liens, mortgages, or
<br /> other encumbrances whatsoever upon the Property, or any amendments or modifications of any such existing
<br /> encumbrances on or prior to the Closing Date, without Buyer's express written consent. The condition of the Property at
<br /> Closing shall be the same as of the Effective Date of this Agreement, reasonable wear and, tear excepted. During the
<br /> period from, the date of Seller's acceptance of this Agreement to the Closing Date, Seller will not enter into any
<br /> contracts or agreements affecting the Property that are not cancellable within thirty (30)days' notice from Seller, without
<br /> obtaining Buyer's prior written consent, which consent shall not be unreasonably withheld, conditioned:or delayed.
<br /> 5.2 Condemnation. If, prior to the Closing, the Property shall be the subject of an action in eminent domain or a
<br /> proposed taking by a governmental authority, whether temporary or permanent, Buyer, in its sole discretion, shall have
<br /> the right to terminate this Agreement upon written notice to Seller, and upon termination, the Earnest Money shall be
<br /> delivered to and retained by Buyer, and thereafter, neither party shall have any further liability or obligation under this
<br /> Agreement, except that Buyer's indemnification obligations under Section 4.2 above shall survive such termination. If
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