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i i parking spaces; (c) show the address, dimensions and location of the Improvements and the height and square I footage thereof,(f) show the acreage of the Property;(g)certify the zoning of the Property; (h)show all utility lines from each Building to its point of connection with the public system; and(i)certify that no portion of the Property lies within a flood plain. If requested by Buyer,and if data are delivered to the surveyor regarding wetlands,the Survey will show the location of any wetlands on the Property. The Deed to be delivered by Seller to Buyer at the Closing will contain the legal description of the Property as shown on the Survey and approved by Buyer and'1'itle Company. 4.4 Intentionally deleted. 4.5 Tenant Interviews. Seller shall allow Buyer to interview Tenants of the Property;provided however, that Seller shall receive prior notice of such interview, Seller shall be entitled to participate in that interview, and Buyer shall make known to such Tenants that Buyer has no right to obligate or commit Seller to any agreements. 4.6 Environmental Assessment, Within 30 days after the Contract Date,Buyer may obtain,at Buyer's expense,a current ASTM Phase I environmental site assessment (the"Phase I")for the Property, performed by an environmental consultant (the"Environmental Consultant") acceptable to and for the benefit of and reliance on by Buyer,and if requested,Buyer's lender, Buyer will deliver a copy of the Phase I and Phase II as soon as possible to Seller at no cost to Seller. If the Phase I recommends that a Phase II environmental site assessment(the"Phase II")be prepared, Buyer will immediately notify Seller and Buyer may continence and agree to pay for the cost of such Phase II by the Environmental Consultant, provided that Seller shall be given notice and the opportunity to be present during any Phase II investigation,which investigation shall be subject to the rights of existing tenants. In no event shall Seller be obligated to commence, on Buyer's behalf, any environmental remediation which may be recommended by the Phase II Environmental Consultant. Provided, if any remediation is required and Buyer, in its sole discretion, decides to proceed with the purchase of the Property, Buyer shall be responsible for paying all costs for any such environmental remediation. Buyer shall have obtained beformthe Closing Date at its sole cost and expense all final governmental approvals necessary in Buyer's judgment in order to make the use of the Property which Buyer intends, including but not limited to federal and/or state approvals with respect to the environmental condition and any remediation or no-association,no action,or no further action,or related determination concerning the Property. 4.7 Notice to Proceed. If Buyer, in its sole discretion, decides to proceed with the purchase of the Property, then Buyer will so notify Seller on or before 5:00 p.m.Central on the Contingency Date(the"Notice to Proceed") at which time the Earnest Money will become nonrefundable except as otherwise provided herein. If Buyer,in its sole discretion, decides that it will not proceed with the purchase of the Property, Buyer will on or before the Contingency Date, give notice to Seller that it is tenninating this Agreement. If Buyer fails to notify Seller of its decision on or before the Contingency Date, Buyer will be deemed to have notified Seller on the Contingency Date that Buyer is terminating this Agreement. Buyer's Notice to Proceed will not be deemed per se to affect or to vitiate Seller's representations and covenants or the conditions precedent to Closing. Notwithstanding the foregoing, if one or more of the contingencies set forth in this Section 4 has not been satisfied by the Contingency Date,Buyer may extend the Contingency Date for one 30-day period, as follows: 4.7.1 Buyer will deliver written notice of theextension to Seller on or prior to the Contingency Date; Page 8 of 38