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as earnest Money shaH be County Abstract (hereinafter referred to as or "escrow agent") as escrow agent pursuant to the terms of the Escrow Agreement attached as Exhibit C hereto, provided however, that the fee for any such account shall be paid by Seller. 3. Due Diligence Period. 3.1 Buyer's Investigation. During the period commencing on the date this Agreement has been executed by both Seller and Buyer (hereinafter the !!Execution Date") and ending on the 120th day thereafter (the Due Diligence Period "), Buyer may make such investigation and evaluation of the Property as it deems appropriate. 3.2 Access and Investigation. Seller shall allow Buyer and Buyer's agents access to the Real Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify and hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities. Buyer shall further promptly repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property and/or Personal Property to substantially the same condition as existed prior to such entry, 3.3 Governmental Approvals. During the Due Diligence Period Buyer may apply for appropriate governmental approvals and permits to construct and operate the proposed use without conditions that Buyer, in its sole discretion, deems material, which approvals may include, without limitation, appropriate zoning, subdivision, conditional use permits, curbcut and other access permits, signage permits, building permits, required licenses, and site plan approval. Seller, as the Owner of the Real Property, shall without charge to Buyer cooperate in Buyer's attempts to obtain all such governmental approvals. Seller shall further execute such rezoning applications, plans, environmental worksheets and other doc:rments as may be ~e~uired by governmental bodies to accomplish the foregoIng. 6-#"t? h 3.4 Right of Termination. If u~r is not satisfied with the results of its environmental investigati L of the Property, or if Buyer is unable to obtain the gov rnmental approvals necessary for Buyer's intended development of the Pro erty, Buyer may, in its sole discretion, prior to the end of the Due Dilige ce Period terminate this Agreement by wTitten notice from Buyer to Seller, a d Buyer shall be entitled to a full refund of all Earnest Money... .., . Such notice of termination may be given at any time on or before the expiration of the Due Diligence Period 2