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Feb, 7. 2000 8:52AM No, 6 O'dT ~, 4 - docu..-nentation required under Section 6 below for Buyer's r.:view and analysis. (d) Testin2. Buyer shall have determined, on or before the Contingency Date, that it i'5 satisfied with the results of and matters disclosed by soil tests, engineering inspectiolls, hazardous 'Yv'SSte and environmental revieM of the Properly, including, but not limited to, Buyer having determined, in its sole and absolute discretion, that it is comfortable with the environmental condition and remediation of the Property based upon its investigations and contact \\<itb any a.nd all applicable governmental liiencies, including but not limited to the Minnesota Pollution Control Agency, and its approval of the Current Limited Site Investigation being conducted through the Minnesota Pollution Control Agency. tJ~ (e) Document Review. Buyer shall have determined, on or before the Contingency Date, that it is satisfied with its review and analysis of the Contracts, Permits, Warranties, Plans, Records and Permitted Encumbrances. (f) Government Aoorovals. Buyer shall have obtained at its sole cost and expense on or before the Closing Date all final governm~ntal approvals necessary in Buyer's judgment in order to make the USe oftbe Property which Buyer intends. ~/~ Q(g) Fim!.ncin~ and Other A.,pprovals. Buyer shall have received on Of before the Closing Date a Commitment acceptable to Buyer for the proceeds of financing necessary and sufficient in Buyer's opulion to implement Buyer's plans for and complete the purch.ase of the Property. Buyer shall also have received on or before the Closing Date all approvals of City Council, the Budget, or the E.D.A, if applicable. (h) EnvironmenteJ Indemnification. Buyer shall have received from Seller an indemnification for any existing environmental contamination and remediation required for all environmental contamination existing as of the Closing Date, in a form satisfactory to Bu)'er, in Burer's sole and absolute discretion. The "Contingency Date" shall be that date witich is 90 days after the da.te when Buyer shall have received the last of the matters which Seller is required to deliver to Buyer hereunder. If an)' such Contingency has not been satisfied on or before the stated date, then this Agreement may be tenninated, at Buyer's option, by written notice from Buyer to Seller. Such notice ofte:rmination may be given at any time on or before the Closing Date. Upon such termination, the Earnest Money and any interest accrued thereon shall be released to Buyer and upon such return, neither party ,,,ill have an,. further rights or obligations regarding this Agreement or the Property. All the Contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any Contingency by written notice to Seller. 4. Closin,g. The closing of the purchase and sale contemplated by this Agreement (the "Closinglt) shall occur on that date which is fifteen (15) business days after the 3