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07/11/2007 17:38 FAX 852 886 3250 <br />LARKIN HOFFMAN DALY a003/018 <br />(o) Performance of Seller's Obligations. Seller shall have <br />performed all of the obligations required to he <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 />(1) 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 conducting <br />physical inspections and a Phase 1 environmental <br />assessment of the Property. Buyer may also take <br />such samples as may be reasonably necessary to <br />determine the buildability of soils on the <br />Property, including conducting routine <br />environmental tests of said samples. Buyer shall <br />pay all costs and expenses of such investigation <br />and testing. Other than the routine environmental <br />testing of the soil samples reference above, no <br />additional invasive environmental testing shall be <br />conducted on the Property unless: the Phase 1 <br />environmental assessment identifies a recognized <br />environmental condition which requires further <br />invasive testing and Seller consents thereto, <br />which consent may be granted or withheld in <br />Seller's sole discretion, judgment and opinion; if <br />Seller does not consent to the testing Buyer may <br />terminate this Agreement. If such recognized <br />environmental condition exists and Seller consents <br />to further invasive tests, the Closing Date shall <br />be reasonably extended to permit such .testing. <br />Buyer shall further repair and restore any damage <br />to the Property caused by or occurring as a result <br />of Buyer's testing and, return the Property to <br />substantially the same condition as existed prior <br />to such entry. Buyer shall also indemnify and <br />hold Seller and the Property harmless from and <br />against any damages, losses, liens, fines, <br />penalties or claims arising out of or relating to <br />the investigation and testing activities or Buyer, <br />its employees, agents and contractors. <br />(d) Testing. Buyer shall have determined, in its. sole <br />discretion, within thirty (30) days of the Effective <br />Date, that it is satisfied with the results of the <br />inspections, soil tests, and the Phase 1 environmental <br />assessment described above. All such tests, <br />inspections and reviews shall be obtained at Buyer's <br />z <br />3 <br />