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4. Contingencies. Buyer's obligations under this Agreement are expressly contingent <br /> upon satisfaction or waiver of each of the following conditions: <br /> a. Title. Title will have been found acceptable to Buyer, or been made acceptable, <br /> in accordance with this Agreement's requirements and terms. <br /> b. Performance of Seller's Obligations. Seller will have performed all of its <br /> obligations required under this Agreement, as and when required by this <br /> Agreement. <br /> C. Representations and Warranties. All of Seller's representations and <br /> warranties contained in this Agreement are true and correct as of the Closing <br /> Date. <br /> d. Inspections and Feasibility and Due Diligence Investigations. Buyer's <br /> satisfaction with the results of and matters disclosed by such inspections, <br /> investigations and testing of the Property (the"Inspections"), including without <br /> limitation, surveys, soil tests, environmental reports, Phase I reports, and all other <br /> r r r <br /> tests and inspections of the Property,which Buyer deems necessary o appropriate <br /> to determine the suitability and feasibility of the Property for Buyer's intended <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 /> meets with Buyer's approval, including other assessments such as utilities and <br /> environmental suitability and riparian or other water rights. Seller shall allow <br /> Buyer, and Buyer's agents,physical access to the Property without charge at all <br /> reasonable times for the purpose of Buyer's Inspections. Buyer's 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 Buyer's Inspections and return the Property to substantially the <br /> same condition as existed prior to such entry. <br /> e. Due Diligence Documents. Buyer shall be satisfied with Buyer's review and <br /> analysis of all of the following Due Diligence Documents previously provided by <br /> Seller and the information contained therein: <br /> i) ALTA Survey by Kakanson Anderson dated December 19, 2012. <br /> ii) Title Commitment from First American Title Insurance Company dated <br /> October 31, 2012, Commitment Number T12-11033. <br /> iii) Phase I Environmental Assessment <br /> iv) Phase II Environmental Assessment <br /> v) Limited Site Investigation <br /> vi) Response Action Plan <br /> 3 <br />