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7. RISK OF LOSS/INDEMNITY. (a) Riskof loss to the Property from whatever cause, ordinary wear and tear excepted, shall be borne by Owner until the Closing. (b) Owner shall indemnify and hold harmless Purchaser, its heirs and assigns, from and against all losses, damages, demands, claims, suits and other liabilities, including attorney fees and other expenses of litigation, because of personal or bodily injury including death at any time resulting therefrom, property damage including loss of use thereof and downtime resulting therefrom, or violation or failure to comply with all applicable law, regulation, ruling or order (collectively "Claims"), which directly or indirectly result from or arise out of occurrences on or at the Property or possession or use of the Property occurring prior to the Closing. The provisions of this Section 7(b) shall survive the Closing. 8. ADDITIONAL INFORMATION. At Purchaser's request, Owner shall provide Purchaser with copies of Owner's deed or deeds for the Property, and all surveys, environmental tests and reports, soil and/or engineering tests and reports, title abstracts, and title insurance commitments, binders or policies which are in Owner's possession or otherwise available to Owner, and with other knowledge and information in Owner's possession or otherwise available to Owner concerning the Property which Purchaser may reasonably request. Owner shall permit Purchaser to utilize said information and documentation for Purchaser's due diligence and Owner shall authorize the surveyor(s), engineer(s) and/or other parties who performed such work to update such work for Purchaser's benefit at the request of Purchaser and at Purchaser's costs. 9. DEFAULT. If Purchaser defaults in performing hereunder, the Earnest Money shall be retained by Owner as liquidated damages in full settlement of any and all claims for such default. If Owner defaults in performing hereunder, Purchaser may demand that the Earnest Money shall be returned to Purchaser, or Purchaser may seek specific performance hereunder. 10. OWNER'S COOPERATION. Owner shall cooperate with Purchaser (without cost to Owner) in the preparation of any site plans, building plans, construction plans, landscaping or other documents or plans which may be necessary or helpful in order to obtain governmental approval of the Purchaser's proposed development. 11. BROKER'S COMMISSION. Owner and Purchaser represent and warrant to each other that they have not employed, used the services of or otherwise dealt with any brokers, finders or the like in connection with this transaction. Each shall indemnify the other and hQld the other harmless against all claims, damages, costs or expenses of or for any fees or commission resulting from their actions or agreements regarding the execution or performance of this Agreement, and shall pay all costs of defending any legal action 7