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• • paid hereunder by Buyer to Seller shall be refunded and thereafter neither party shall have any liability to the other hereunder, except for the Indemnifications. All of said contingencies shall be deemed to have been satisfied or waived by Buyer unless Seller shall have received from Buffer on or before said date a written notification stating that all of said contingencies have not been satisfied or waived and requesting a return of the earnest money paid hereunder. 8. Notwithstanding any provision herein to the contrary, Buyer's obligation to perform the terms of this Purchase Agreement is further contingent upon Buyer obtaining, at its sole cost and expense, on or before the Date of Closing, a. Reaching an agreement, the terms of which being in the sole discretion of Buyer, with the City and other affected parties regarding the location, size, financing of construction costs, and other matters regarding a roadway along either the North or South border of the Property. This is to include the creation of appropriate easements relative thereto and all matters related to the establishment and construc- tion of said roadway. Seller shall be under no obliga- tion to execute any documents or instruments regarding easements or agreements relative thereto affecting the Property or other adjacent property of Seller. By the execution hereof, Seller has not agreed to create any rights in favor of Buyer or any other party or entity in any other property, whether owned by Seller or others; b. The obtaining by Buyer of financing acceptable to Buyer in its sole discretion to allow the acquisi- tion of the Property and the construction of the restaurant facility contemplated by Buyer; c. Buyer entering into a contract with a con- tractor of its choice calling for the construction of a restaurant facility on such terms and conditions as are in the sole discretion of Buyer, d. The obtaining of a full liquor license from the City, and all other licenses and permits necessary to the operation of Buyer's proposed restuarant and deli businesses on the Property; e. The formation of a limited partnership which will own the Property and the buildings and the obtain- ing of executed subscription agreements from investors in a total amount acceptable to Buyer; 3