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O) <br /> <br />BUYER performing his obligations in accordance with the terms of this <br />Agreement. <br /> <br />(ii) <br /> <br />The Ramsey City Council approving this Agreement on or before July 15, <br />2003 and adoption by the City of Ramsey of a Sale ordinance permitting <br />the sale of the Property. <br /> <br /> If the conditions listed in this Section 3(a) are not satisfied on the Closing Date, then <br />SELLER may terminate this Agreement by sending written notice thereof to BUYER and the <br />parties shall have no further obligations to one another. <br /> <br />(b) BUYER'S obligations under this Agreement are conditioned upon the following: <br /> <br />(i) <br /> <br />Title. Title to the Property shall be acceptable to BUYER in accordance <br />with Section 5 of this Agreement. <br /> <br />(ii) <br /> <br />SELLER'S Obligations. SELLER shall have performed all of <br />SELLER'S obligations in accordance with the terms of this Agreement. <br /> <br />(iii) <br /> <br />Site Inspections. BUYER shall have determined, in BUYER'S <br />reasonable discretion, that the results of any matters disclosed by soil tests, <br />engineering inspections, hazardous waste and environmental review of the <br />Property do not disclose any adverse condition of the Property. All tests, <br />inspections and reviews made by BUYER shall be obtained at BUYER's <br />expense. <br /> <br /> If the conditions listed in Sections 3(b)(i) through 3(b)(iii) are not satisfied on or before <br />July 15, 2003, (the "Contingency Date") then BUYER, at his option, may terminate this <br />Agreement by sending written notice thereof to SELLER whereupon the parties shall have no <br />further obligations to one another. All the contingencies set forth in Section 3(b) are specifically <br />agreed to be for the sole and exclusive benefit of the BUYER and the BUYER shall have the <br />right to unilaterally waive any contingency by written notice to SELLER. <br /> <br />(c) <br /> <br />BUYER shall have access to the Property for purposes of, performing surveys, <br />soil and groundwater sampling or analysis, or engineering borings and other <br />testing, and for obtaining governmental consents and artthorizations which <br />BUYER deems necessary or desirable for the intended use of the Property. <br />BUYER is hereby authorized to report the results of any soil or groundwater <br />sampling or analysis to Federal, State or local authorities; provided BUYER first <br />provides SELLER with copies of the same at least ten (10) days prior to any <br />reporting. <br /> <br />4. REPRESENTATIONS AND WARRANTIES. <br /> <br />(a) SELLER represents and warrants as follows: <br /> <br />(i) SELLER has full fight and authority to execute this Agreement and to <br /> <br />2 <br /> <br /> <br />