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indemnify and hold harmless Purchaser from any claim, cost, loss or damage incurred by Purchaser due to any of the foregoing being untrue or incorrect. The provisions of this Section 3 shall survive the Closing. 4. CONDITION TO PURCHASER'S OBLIGATIONS. (a) Purchaser, at its sole discretion, may cancel this Agreement and Owner shall return the Earnest Money, in the event: (i) Purchaser does not obtain, prIor to Closing, satisfactory mortgage financing; or (ii) Purchaser prior to the Closing obtains, at Purchaser's expense, a title insurance commitment issued by Commonwealth Land Title Insurance Company or binder showing that the Property is subject to any lien, encumbrance or other defect or other exception except the Permitted Encumbrances. Owner shall pay the costs of the title search and Purchaser shall pay the cost of the title examination and title insurance policy; or (iii) The boundary survey of the Property shows that the Property is not free of any encroachment or other defect; or (iv) Purchaser prior to the Closing is unable to obtain at Purchaser's expense all zoning changes or variances, permits, licenses and other governmental consents and authorizations to permit the construction and operation of a 60-unit senior living facility, which may include cooperative apartments, condominiums, assisted living and similar uses, and including underground parking for such facility; or (v) Purchaser prior to the Closing obtains, at Purchaser's expense, soil or groundwater analysis, percolation tests, engin'eering borings or other tests showing that the soil or groundwater at the Property is contaminated by hydrocarbons or other regulated or hazardous substances; or (vi) That any underground storage tank is present or piping at the Property does not test tight, or that the Property is otherwise not suitable for .such intended use; or (vii) Owner breaches any representation or does not fully perform each and every obligation hereunder; or 4