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2 costs of providing said Utilities at the boundary line of the Property. The Buyer shall have the right to take these costs into consideration when determining the feasibility of the project pursuant to Paragraph 5(a) hereof. If at any time during the Due Diligence Period, the Buyer has determined that the proposed development is not feasible, the Buyer shall notify the Seller in writing on or before the last day of the Due Diligence Period (the “Contingency Date”) and this Agreement may be terminated at the Buyer’s sole discretion, by written notice from Buyer to Seller. If Buyer fails to provide such written notice by the Contingency Date, the Buyer shall be deemed to have waived all rights to terminate this Agreement. Such notice of termination may be given on or before the Contingency Date. Upon termination, Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer’s quit claim deed of any interest in and to the Propertyand neither party shall have any further rights and obligations of indemnification set forth in Sections 6, 15 and 23. 6. Contingencies to Closing. The closing of the transaction contemplated by this Agreement and all the obligations of Buyer and Seller under this Agreement are subject to fulfillment of the following “Contingencies”: (a) Representations and Warranties. The representations and warranties of Buyer and Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date. (b) Title. Title shall be found acceptable to Buyer, or made acceptable, in accordance with the requirements and terms of Section 10 below. (c) Performance of Seller’s Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. (d) Performance of Buyer’s Obligations. Buyer shall have performed all of the obligations required to be performed by Buyer under this Agreement, as and when required by this Agreement. (e) Access. Seller shall allow Buyer, and Buyer’s agents, access to the Property, without charge and at all reasonable times, for the purpose of Buyer’s investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall hold Seller and the Property harmless from all costs and liabilities relating to the Buyer’s activities. Buyer shall further repair and restore any damage to the Property caused by or occurring during Buyer’s testing and return the Property to substantially the same condition as existed prior to such entry. Buyer shall indemnify, defend, and hold Seller harmless from any costs, expenses, or mechanic’s liens associated with Buyer’s testing and investigation. (f) Governmental Approval. Buyer shall have obtained, on or before the Closing Date, all governmental approvals required for its site development plan which shall include, but not be limited to, the approval of a Planned Unit Development permit and any other required zoning approval necessary for Buyer obtaining approvals for not less than thirty-two (32) units of Multi Family, Senior Housing (“Buyer’s Project”). (g) Financing. Buyer shall apply for financing and shall receive from a lender, on or before the Due Diligence Period, approval for financing of the purchase and development of the Property in such an amount and on such terms and conditions as the Buyer, at Buyer’s sole discretion, shall determine to be sufficient for such purposes. In the event the Buyer has not received approval for financing from Buyer’s lender, then in that event and for the sole purpose of obtaining financing, Buyer shall have an additional sixty (60) days to satisfy the terms of this Paragraph 6(g). (h) Board Approval. Approval by the Board of the Economic Development Authority of the City of Little Canada of the terms and conditions of this Agreement is required. (i) Zoning Extension. The City of Little Canada shall grant the Seller an extension until June 1,