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Purchaser's intended use. Seller agrees to extend sanitary and storm sewer lines and water
<br />mains to the Premises meeting Purchaser's specifications within 60 days from the date of
<br />closing, but in no event prior to May 15, 2013. Purchaser will, upon written request from Seller,
<br />promptly reimburse Seller for any and all impact, tap and connection fees associated with such
<br />utilities if paid by Seller. If any other utility lines are not available or not adequate, in
<br />Purchaser's sole discretion, for Purchaser's intended use, or if Purchaser decides, in
<br />Purchaser's sole discretion, that it is unwilling to expend any costs associated with extending
<br />such utilities to the Premises, then Purchaser may terminate this Contract, in which event this
<br />Contract will be null and void and of no further force and effect.
<br />4. Survey: Purchaser obtaining a certified topographical survey, in accordance
<br />with Purchaser's standards, to be performed by a licensed surveyor, showing the area,
<br />dimensions and location of the Premises to the nearest monuments, streets, alleys on all sides,
<br />the topography, the location of all available utilities in adjoining streets, alleys or property, the
<br />location of all improvements and encroachments, the location of all recorded easements against
<br />or appurtenant to the Premises, and not disclosing any condition rendering the Premises
<br />unusable, in Purchaser's sole judgment, for the purposes stated in this Contract. If Purchaser
<br />elects to terminate due to Seller's default under this Contract, Seller will reimburse Purchaser for
<br />the cost of the survey within 30 days after written request.
<br />5. Soil Tests: Purchaser obtaining boring, percolation, environmental and other
<br />soil or groundwater tests (the "Tests") describing the physical characteristics of the substrata of
<br />the Premises and showing that the soil and ground water are not contaminated with hazardous
<br />substances as defined or regulated under any federal, state or local laws relating to health,
<br />safety or the environment ("Environmental Law"), and that the Premises are satisfactory, in
<br />Purchaser's sole judgment, for the purposes stated in this Contract. All Tests will be performed
<br />between the hours of 8:00am and 5:00pm. Purchaser will provide written notice to Seller prior
<br />to entering the Premises to perform any Tests, which notice will include (i) a description of the
<br />type of testing to be performed; (ii) the date Purchaser plans to conduct the Tests and (iii) the
<br />identity of the contractor who will be performing the Test(s), and Purchaser will use good faith
<br />efforts to send such notice to Seller as many days as is reasonable possible prior to the planned
<br />date of the performance of the Tests.
<br />6. Phase I and II Environmental Site Assessments: Purchaser may, at
<br />Purchaser's expense, obtain a written Phase I Environmental Site Assessment ("ESA") of the
<br />Premises conducted in accordance and compliance with the ASTM E1527-05 and 40 C.F.R.
<br />Part 312, et seq., standards and regulations for conducting Phase I ESAs ("ESA Standards
<br />and Regulations"). The environmental professional, qualified to conduct an ESA in
<br />accordance with the ESA Standards and Regulations ("Environmental Professional") chosen
<br />by and acceptable to Purchaser will conduct the ESA.
<br />If the Phase I ESA or any other soil tests identify any recognized environmental
<br />conditions, indicate that any hazardous substances are located on the Premises or recommend
<br />further Phase II environmental testing, Purchaser may, at Purchaser's option: (a) terminate this
<br />Contract and declare this Contract of no further force and effect; or (b) order, at Purchaser's
<br />expense, a written Phase II ESA to be undertaken as recommended by the Phase I ESA. If the
<br />written Phase II ESA is unacceptable to Purchaser, in Purchaser's sole judgment, Purchaser
<br />may, at Purchaser's option: (a) terminate this Contract and declare this Contract of no further
<br />Document #: 1118064-v6
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