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"Closing Date "). <br />3. Contingencies. The obligations of Buyer under this <br />Agreement are contingent upon each of the following: <br />(a) Representations and Warranties. The representations <br />and warranties of Seller contained in this Agreement <br />must be true now and on the Closing Date as if made on <br />the Closing Date. <br />(b) Title. Title to the Property shall be acceptable to <br />Buyer in Buyer's sole discretion, in accordance with <br />the requirements and terms of Section 6 below. <br />(c) Performance of Seller's Obligations. Seller shall have <br />performed all of the obligations required to be <br />performed by Seller under this Agreement, as and when <br />required by this Agreement. Included within the <br />obligations of Seller under this Agreement shall be the <br />following: <br />(i) Seller shall allow Buyer, and Buyer's agents, <br />access to the Property without charge and at all <br />reasonable times for the purpose of Buyer's <br />investigation and testing of the same. Buyer <br />shall pay all costs and expenses of such <br />investigation and testing. <br />(ii) Seller shall execute such applications, covenants, <br />plat or other documents as may be reasonably <br />required by Buyer in order to make use of the <br />Property which Buyer intends. <br />(d) Testing. Buyer shall have determined, in its sole <br />discretion, on or before the Closing Date, that it is <br />satisfied with the results of and matters disclosed by <br />soil tests, well tests, engineering inspections, <br />hazardous waste and environmental reviews of the <br />Property, all such tests, inspections and reviews to be <br />obtained at Buyer's sole cost and expense. <br />(e) Document Review. Buyer shall have determined, on or <br />2 <br />9 <br />