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Buyer may, at any time with three (3) business days after Buyer's receipt of <br />Seller's Title Notice, terminate this Agreement by written notice to Buyer in <br />which case this Agreement is terminated and Escrow Agent must disburse any <br />Earnest Money to Buyer ("Buyer's Title Termination Notice"). If Buyer does <br />not deliver a Buyer's Title Termination Notice to Seller within the three (3) <br />business days after Buyer's receipt of Seller's Title Notice, than Seller must <br />perform in accordance with Seller's Title Notice, Buyer shall be deemed to have <br />waived Buyer's objections to the extent Seller has not agreed to address them in <br />Seller's Title Notice, the matters to which Buyer objected and Seller did not agree <br />to resolve are deemed Permitted Exceptions, and the parties shall proceed to <br />Closing in accordance with the terms of this Agreement and the terms of Seller's <br />Title Notice. <br />7. RIGHT OF ENTRY. At all times after Buyer has deposited the Earnest Money with <br />Seller and before the Closing, Buyer (and its employees, agents, and contractors) may <br />enter the Property for the purpose of conducting soil tests, environmental tests and <br />additional survey work, subject to the following conditions: <br />a. Within one week after the termination of this Agreement, if either Seller or Buyer <br />terminate this Agreement in accordance with the provisions hereof prior to <br />Closing, Buyer must repair and or restore any damage Buyer or its employees, <br />agents or contractors cause to the Property and remove any personal property, <br />refuse or debris Buyer or its employees, agents or contractors brought onto or <br />authorized third parties to bring onto the Property. <br />b. Buyer must defend and indemnify Seller from and against and hold Seller <br />harmless Seller from all "Claims," as defined in Section 10, arising out of, <br />resulting from or relating to any loss of or damage to any property or business or <br />out of any injury to or death of any person, if the loss, damage, injury, or death <br />arises or is alleged to arise either directly or indirectly and either wholly or in part <br />from: (a) any action or omission of Buyer or its employees, agents, or contractors, <br />while on the Property pursuant to this Section; or (b) actions or omissions of <br />Buyer or Buyer's employees, agents, or contractors that cause or result in the <br />release of any Hazardous Substance onto the Property or onto other property. <br />c. Buyer must comply with and shall cause it employees, agents, and contractors to <br />comply with all applicable laws, while on the Property. <br />d. Other than a standard Phase 1 environmental assessment, Buyer may not <br />commence any environmental testing on the Property until Buyer submits a work <br />plan for such testing to Seller and Seller approves the work plan, in writing. <br />Seller may not unreasonably withhold, condition or delay Seller's approval of a <br />work plan. <br />e. Buyer must, promptly and without demand from Seller, provide Seller with true <br />and complete copies of all draft and final reports relating to Buyer's geotechnical <br />Page 3 of 11 <br />