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the sum(s) paid as consideration, in the event Buyer, prior to the closing hereunder, <br />obtains at Buyer's expense soil or groundwater analyses, tank-tightness tests, or other <br />tests showing that the soil or groundwater at the Property is contaminated by <br />hydrocarbons or other regulated or hazardous substances, or that any underground <br />storage tank or piping at the Property does not test tight. <br /> <br />18. RIGHT TO ENTER PROPERTY; INDEMNIFICATION; REPORTS. Buyer shall have <br />access to the Property for purposes of performing surveys, soil and groundwater <br />sampling or analyses, underground tank and piping tightness testing, or engineering <br />borings and other testing; provided, however, that Buyer shall indemnify and hold <br />harmless Seller from and against all losses, damages, demands, claims, suits and other <br />liabilities, including reasonable attorney fees and other expenses of litigation, because <br />of personal or bodily injury or property damage resulting from Buyer's presence on or <br />use of the Property for Such testing. Buyer shall return the surface of the property to <br />substantially the same Condition as before such testing, ordinary wear and tear and <br />permanent groundwater or soil vapor monitoring wells installed during the course of <br />such testing excepted. Buyer promptly shall deliver a copy of all such test results to <br />Seller. Buyer is hereby authorized to report the results of any underground tank and <br />piping tightness testing, and soil or groundwater sampling or analyses, to federal, state <br />or local authorities having jurisdiction over the Property. <br /> <br />19. CONTINGENCIES. This Agreement is subject to the contingencies set forth in <br />Exhibit B. In the event such contingencies are not removed as specified hereafter, this <br />Agreement shall be null and void at the option of Buyer and the earnest money shall <br />be refunded to Buyer. All of the contingencies set forth in this Agreement are <br />specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and <br />the Buyer shall have the right to unilaterally waive any contingency by written notice <br />to Seller. <br /> <br />20. NOTICES. Any notice, request or other communication between the parties <br />shall be in writing and shall be deemed effectively made or given either: (i) two (2) <br />business days after deposited in the U.S. Mail, postage prepaid, or (ii) on the date <br />personally delivered, if addressed as follows: <br /> <br />If to Seller: <br /> <br />Rick Foster <br /> <br />If to Buyer: <br /> <br />Elk River, MN 55330 <br /> <br />Elk River Municipal Utilities <br />322 King Avenue <br />Elk River, MN 55330 <br /> <br />4 <br /> <br />F :~,E~DATA~.Ri~JU-T~A <br /> <br /> <br />