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<br />to receive a return of the earnest money paid by Purchaser, or if this Agreement otherwise <br />becomes terminated, both parties shall have no further obligation or liability under this <br />Agreement. In addition, Seller and Purchaser shall each be solely responsible for and <br />shall hold the other harmless for any expenses, costs, damages, claims, lawsuits and <br />judgments, including and not limited to expenses and attorneys fees, incun-ed by each of <br />them respectively as a result of this Agreement. <br /> <br />Alternatively, in the event any of the contingencies have not been satisfied <br />as of the scheduled closing date Purchaser (or Seller, in the case of Contingencies (E) and <br />(F)) shall have the right to extend the contingency period and closing date for two (2) <br />sixty (60) day periods beyond the scheduled closing date. <br /> <br />s. DUE DILIGENCE ITEMS: Within ten (10) days following the date of <br />last execution of this Agreement, Seller shall deliver to Purchaser copies of the items <br />listed below, to the extent they exist and are in Seller's possession (the "Due Diligence <br />Items"): <br /> <br />(A) The most recent survey of the property. <br /> <br />(B) The written results, if any, of any environmental site assessments, <br />engineering reports, soil boring tests or other inspections done at or <br />on the Property. <br /> <br />(C) All permits issued by governmental authorities for the Property. <br /> <br />6. SELLER'S REPRESENTATIONS: Seller and represents as follows: <br /> <br />(A) That Seller has and will have at time of closing good and marketable <br />title to the Property, subject only to the Permitted Encumbrances <br /> <br />(B) That Seller has and will have at time of closing full right and <br />authority to convey the Property, and in regard thereto to execute <br />this Agreement and to execute and deliver all documents required of <br />Seller for the consummation of this Agreement. <br /> <br />(C) That the persons signing this Agreement on behalf of the Seller are <br />duly authorized to do so and their signatures bind the Seller in <br />accordance with the terms of this Agreement. <br /> <br />(D) That the Property shall be free of tenancies on the date of closing. <br /> <br />(E) That no person, firm, corporation or entity has any option, right of <br />first refusal or similar right to acquire the Property, or any part <br />thereof, from Seller. <br /> <br />3 <br />