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(viii) Purchaser, prior to the Closing, does not obtain approval of this transaction by Purchaser's congregation. (b) Purchaser shall have access to the Property for purposes of performing surveys, soil and groundwater sampling or analysis, underground tank and piping tightness testing or, engineering borings and other testing, and for obtaining governmental consents and authorizations which Purchaser deems necessary or desirable for the intended use of the Property; provided, however, that Purchaser shall indemnify and hold harmless Owner from and against any losses, damages, demands, claims, suits and other liabilities, including attorney fees and other expenses of litigation, because of personal or bodily injury or property damage resulting from Purchaser's presence on or use of the Property for such testing, and Purchaser shall return the surface of the Property to substantially the same condition as before such testing, ordinary wear and tear excepted. Purchaser is hereby authorized to report the results of any underground tank and piping tightness testing and soil or groundwater sampling or analysis to Federal, State or local authorities. (c) Owner shall clear any defects, encumbrances or uncertainties revealed by Purchaser's title search or survey of the Property and disclosed by the DCC Searches required under Section 6 within sixty (60) days of written notice from Purchaser. Pending correction of title defects, the closing required hereunder shall be postponed. Upon correction of title as provided above, and within ten (10) days after written notice by Owner to Purchaser, this transaction shall be closed as herein provided. If title is not made marketable by Owner within said sixty (60) day period, this Agreement shall be voidable at the option of Purchaser, and if so voided, the Earnest Money shall be returned to Purchaser and neither Owner nor Purchaser shall be liable to the other further under this Agreement. If Purchaser elects not to void this Agreement after said sixty (60) day period as above provided, Purchaser may, at its option postpone the closing date until ten (10) days following notice from Owner that such title objections are cured, or pursue such other rights and remedies available by law or in equity. 5. T AXES/ ASSESSMENTSIUTILITIES/FEES. 5.1 Transfer Tax. State deed tax shall be paid by Owner. 5.2 Taxes and Assessments. Owner shall pay all real estate taxes payable in the year 1997 and all years prior to Closing. The real estate taxes on the Property due and payable in the year of the Closing shall be prorated between Owner and Purchaser as of the Closing Date. Owner shall pay, on or before the Closing Date, all special assessments levied or approved by any governmental body as of date of this Agreement, including without limitation any installments of special assessments, including interest, payable in the year of Closing. If the amount of such real estate taxes cannot be determined on the Closing Date, Owner shall deposit with the Escrow Agent, from the Purchase Price, an amount equal to one hundred twenty-five percent (125%) of the most 5