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4. Contingencies. <br /> <br /> <br />upon satisfaction or waiver of each of the following conditions: <br /> <br />a.Title. <br /> Title will have been found acceptable to Buyer, or been made acceptable, <br /> <br /> <br />b.. <br /> Seller will have performed all of its <br />obligations required under this Agreement, as and when required by this <br />Agreement. <br /> <br />c.Representations and Warranties. <br /> <br />warranties contained in this Agreement are true and correct as of the Closing <br />Date. <br /> <br />d.Inspections and Feasibility and Due Diligence Investigations. <br /> <br />satisfaction with the results of and matters disclosed by such inspections, <br />investigations and testing of the <br />limitation, surveys, soil tests, environmental reports, Phase I reports, and all other <br />tests and inspections of the Property, which Buyer deems necessary or appropriate <br />to determine the suitability and feasibility of the Property <br />use of the Property (including without limitation, the successful application for <br />rezoning and plat approval) and Buyer shall have determined, that the Property <br />approval, including other assessments such as utilities and <br />environmental suitability and riparian or other water rights. Seller shall allow <br /> agents, physical access to the Property without charge at all <br />Inspections <br />will be conducted in a manner not unreasonably disruptive to the Property. <br />Buyer shall further repair and restore any damage to the Property caused by or <br />occurring during BuyProperty to substantially the <br />same condition as existed prior to such entry. <br /> <br />e.Due Diligence Documents. <br /> Buyer shall be satisfied <br />analysis of all of the following Due Diligence Documents previously provided by <br />Seller and the information contained therein: <br /> <br />i)ALTA Survey by Kakanson Anderson dated December 19, 2012. <br /> <br />ii)Title Commitment from First American Title Insurance Company dated <br />October 31, 2012, Commitment Number T12-11033. <br /> <br />iii)Phase I Environmental Assessment <br /> <br />iv)Phase II Environmental Assessment <br /> <br />v)Limited Site Investigation <br /> <br />vi)Response Action Plan <br />3 <br /> <br /> <br />