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The Buyer, at its' own expense, may perform additional environmental testing to confirm that the Premises are free and clear of any hazardous wastes or toxic substances. If such tests determine that said Premises are contaminated and Seller does not correct said contamination, this Agreement shall be voidable, at Buyer's option, by written notice by Buyer to Seller of same prior to the Closing Date and all earnest money refunded to the Buyer and Buyer shall have no further recourse against Seller. 10. REPRESENTATIONS OF BUYER. The party signing this Agreement on behalf of Buyer, hereby represent and warrant to Seller that such persons have all authority to sign this Agreement on behalf of Buyer. 11. REPRESENTATIONS OF SELLER. The party signing this Agreement on behalf of Seller, hereby represent and warrant to Buyer that such persons have all authority to sign this Agreement on behalf of Seller. 12. PERSONAL PROPERTY. This paragraph intentionally omitted. 13. DOCUMENTATION TO BUYER. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer, at no cost to Buyer, complete and accurate copies of the following: A. A current Property ALTA Survey. 14. SECURITY DEPOSITS. This paragraph intentionally omitted. 15. LEAD AND ASBESTOS DISCLOSURE. This paragraph intentionally omitted. 16. SELLER'S DUTY OF MAINTENANCE AND REPAIR. Between the date hereof and the date of closing, except for Buyer's indemnification obligations set forth in Section 6, Seller shall have the full responsibility and the entire liability for any and all damages or injury of any kind whatsoever to the Premises, the Improvements thereon, and all persons, whether employees or otherwise, and all property from and connected to the Premises. Seller agrees to keep the Premises continually insured during the term of this Agreement under a policies of (i) commercial general liability insurance with policy limits of not less than $1,000,000 per incident, and (ii) fire, hazard and all risk property insurance in amount equal to one hundred percent (100°10) of the replacement value of the Improvements. Until the closing, Seller shall have the full responsibility for the continued operation, maintenance and repair of the Premises, normal wear and tear excluded. 17. CONDEMNATION. If, prior to the closing, the Premises shall be the subject of an action in eminent domain or a proposed taking by a governmental authority, whether temporary or permanent, Buyer, at its sole discretion, shall have the right to terminate this Agreement upon written notice to Seller without liability on its part by so notifying Seller and the Earnest Money (with any accrued interest) shall be refunded to Buyer. If Buyer does not exercise its right of termination, (i) any and all proceeds arising out of any such eminent domain or taking shall be held in trust by Seller for the benefit of Buyer and paid to Buyer at closing; and (ii) the "Premises" shall thereafter be defined to mean the Premises Page 6 of 16