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I~ aJ . 20~O 9:18AM NO 9f45 P,4 Cd) Testing. Buyer shall have determined.. on or before the Contingency Date, that it is satisfied with the results of and matters disclosed by soil tests, engineering inspections, hazardous waste and environmental revie",..s of the Property, 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 ,^ith any and all applicable govemmental agencies, including but not limited to the Minnesota Pcll.ution Control Agency, and its approval ofllie cutrent Limited Site Investigation being conducted through the Minnesota Pollution Control Agency. (e) Document Review. Buyer shall have determined, on or before the OJntingency Date, that it is satisfied with its review and analysis of the Contracts, Permits, Warranties. Plans, Records and Permitted Encumbrances. (f) Government Approvals. Buyer shall have obtained at its sole cost and ex-pense on or before the Closing Date all final governmental appro'\l-als necessary in Buyers judgment in order to make the use of the Property which Buyer intends. (g) Environmental Indemnification. Buyer shall have received from Seller an indemnification for any existing environmental contamination and remediation required for all enviIonmental contamination existing as of the Closing Date, in a form satisfactory to Buyer. in Buyer's sole and absolute discretion. The "Contingency Date" shall be that date which is 90 days after the date when Buyer shall have received the last of the matters which Seller is required to deliver to Buyer hereunder. If any such Contingency has not been satisfied on or before the stated date, then this Agreement may be terminated, at Buyer's option, by 'Written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination. the Eamest Money and any interest accrued thereon shall be released to Buyer and upon such return, neither party will have any 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 VvTitten notice to Seller. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on , 2000 (the 'Tlosing Date"). The Closing shall take place at 9:00 a.m. local time at the office of Title or at such other place as may be agreed to. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. A. Seller's Closing Docu.ments. On the Closing Date, Seller shall execute and/or deliver to Buyer the follov.ing (coUectively "Seller's Closing Documents"): (1) ~. A Warranty Deed, in fann reasonably satisfactory to Buyer, conveying the Real Property to Buyer. free and clear of all encumbrances, except the Pennitted Encumbrances hereafter defined. 3