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(i) make an independent investigation of the physical condition of the <br />Subject Property including but not limited to, the condition of the soil, the <br />presence of hazardous materials or contaminants, other physical characteristics, <br />and compliance with any statutes, ordinances or regulations; <br />(ii) study all aspects or circumstances of the Subject Property which <br />Buyer deems material or relevant; and . <br />(iii) make all inspections and verifications which Buyer deems <br />necessary for the completion of Buyer's due diligence review for the transactions <br />covered by this Agreement. <br />Buyer shall be solely responsible for conductingan <br />sole cost and expense, Seller has provided Buyer with a'P �� or tests r�� by law at its <br />Prepared by Braun Intertec and an r hese 1 Environmental Site Assessment <br />Should Buyer determine in its sole discretion resulting <br />on�its �lestigati n of thnal studies e Subject Pro� ") <br />and its review of the EA Reports that the condition of the Subject Pr JpY <br />Buyer, prior to the expiration of theuyer y is unacceptable to <br />its objections ("Objections"). In the event that SellerPeriod, <br />unable to cause Bushall so fy Seller in writing of <br />to be <br />remedied, Buyer may elect to: (a) terminate this Agreement in which case Buyer shallObjectiohave no <br />ns <br />obligation to acquire the Subject Property, and the <br />parties' obligations hereunder shall terminate <br />or (b) Proceed to Closing, and accept title to the Pro <br />not remedied. Buyer's failure to make timely Objections ones will co q'tu� Objection(s) <br />�►' a oiver o sits rights which is to <br />raise any objections hereunder and Buyer will accept title to the Subject o <br />such <br />conditions. Buyer may not disclose any information, including enrOnmentalblas subject <br />t <br />reports, Buyer obtains through the investigations and inspections performed in accordance with <br />this Section unless required to disclose such <br />required bylaw. information pursuant to a court order or as otherwise <br />Before entering upon the Subject property to conduct the investigations <br />Buyer shall notify Seller and Seller shall have obtained Current Owner's provided for herein; <br />enter upon the Subject Property to conduct said invgations. If Buyer doession anyfor ex�Buyer <br />bort <br />Buyer agrees to restore the Subject proper, to its natural condition if Buyer's <br />ac <br />Subject Property is not consummated as .contemplated by this Agreement, quisition of the <br />(b) Buyer agrees that Seller has made no representations or warranties with <br />respect to the Subject Property except as set forth in this Agreement. <br />(c) Buyer will not undertake any activity which will jeopardize Seller's efforts <br />to acquire the Subject property, <br />(d) Buyer agrees to accept the Subject Property "as is," in its present <br />condition and/or as otherwise required pursuant to the terms of this Agreement, subject to <br />178009v4 <br />