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Attachment C by Buyer, and that as a result, any subtenant who takes possession after the closing will not be considered as a displaced person for the purposes of obtaining relocation benefits, and that any subtenant who takes occupancy after the closing will not be entitled to relocation benefits stemming from or relating to Buyer's acquisition of the property. Seller shall not be liable for any relocation benefits stemming from or relating to Buyer's acquisition of the property. 4. Buyer Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: a. Representation and Warranties. The representations and warranties of Seller contained in this Agreement must be accurate in all material respects now and on the Closing Date as if made on the Closing Date. b. Title. Title shall have been found marketable, or been made marketable, in accordance with the requirements and terms of Section 7 below. c. Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement as and when required by this Agreement. d. Condition of Property. Buyer shall be reasonably satisfied with the physical and environmental condition of the Property within thirty (30) days of the Effective Date. e. Subdivision Approval. All subdivision approvals shall have been obtained by Buyer, at Buyer's sole cost and expense, given the fact the Property is part of a larger tax parcel. Buyer will undertake its best efforts to obtain such approve on or before December 21, 2009. If any contingency set forth above has not been satisfied on or before the Closing Date or such earlier date set forth above, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Upon such termination, the Earnest Money shall be refunded to Buyer, and upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Section are for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to waive any contingency by written notice to Seller. 5. Closing: The closing of the purchase and sale contemplated by this Agreement shall occur on a"Closing Date" which shall take place within ten (10) days of the satisfaction of the contingencies, but not later than December 31, 2009. The closing shall take place at a mutually agreeable time and place. Seller shall retain possession of the Property on the Closing Date pursuant to the Lease. At the closing Buyer shall pay the balance of the Purchase Price to Seller and the following closing documents shall be executed and delivered. a. A warranty deed conveying the Property to Buyer, free and clear of all encumbrances, except the following "Permitted Encumbrances": Page 2