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4.3.1. The City agrees to cooperate with the Buyer as reasonably necessary to <br /> permit the Buyer to investigate the Property. <br /> 4.3.2. The City shall deliver to the Buyer the Title Evidence required in Section 8.1 <br /> ten(10)days from the Effective Date of this Agreement. <br /> 4.3.3. The City shall deliver to the Buyer copies of all plans, contracts, permits, <br /> warranties, written reports, studies or test results relating to the Property <br /> which are in the City's possession or control within ten (10) days from the <br /> Effective Date of this Agreement. <br /> 5. CONTINGENCIES OF THE PARTIES: <br /> 5.1. Buyer's Contingencies. <br /> 5.1.1. Testing. On or before July 31, 2015 (the "Contingency Date"), the Buyer <br /> shall have determined that the Buyer is satisfied with the results of, and <br /> matters disclosed by, any environmental site assessments, soil tests, <br /> engineering inspections,hazardous substances and environmental reviews of <br /> the Property, all such tests, assessments, inspections and reviews to be <br /> obtained at the Buyer's sole cost and expense. <br /> a. The Buyer shall pay all costs and expenses of such investigation and <br /> testing and shall promptly repair and restore any damage to the <br /> Property caused by the Buyer's testing and return the Property to <br /> substantially the same condition as existed prior to entry. The Buyer <br /> shall indemnify, defend and hold the City harmless from any claim <br /> for damage to person or property arising from any investigation or <br /> inspection of the Property conducted by the Buyer, the Buyer's <br /> agents or contractors,including the cost of attorneys' fees. <br /> b. Copies of any written reports, studies or test results obtained by the <br /> Buyer in connection with the Buyer's inspection of the Property or <br /> investigation relating to the Property shall be delivered to the City <br /> promptly upon receipt of the same at no cost to the City. <br /> 5.1.2. Land Use Approvals. The Buyer shall have obtained, at the Buyer's sole <br /> cost and expense, on or before the Closing Date, all consents, agreements, <br /> approvals, easements, licenses and adequate assurances that are legally <br /> necessary for the Buyer to own and use the Property as intended, including, <br /> but not limited to (i) zoning changes; (ii) land use approvals; (iii)tax <br /> abatement financing; and(iv)job creation funding designation. <br /> 5.1.3. Title. The Title Evidence and/or Title Commitment is acceptable or is made <br /> acceptable to Buyer in accordance with the requirements and terms of <br /> Section 8 on or before the Closing Date. <br /> 455958v10 SJS EL185-31 2 <br />