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07/11/2007 17:38 FAX 852 886 3250 LARKIN HOFFMAN DALY Z004/018 sole cost and expense. Buyer shalt further repair and restore any damage to the Property caused by or occurring as a result of Buyer's testing and return the Property to substantially the same condition as existed prior to such entry, Buyer, ;hall also indemnify and hold Seller and the Property harmless from and against any damages, losses, liens, fines, penalties or claims arising out of or relating to the investigation and testing activities of Buyer, its employees, agents and contractors, (e) Underground Storage Tanks. No underground storage tanks remain on the Property, all such tanks having been removed prior to Seller's purchase of the Property_ If any such contingency has not been satisfied by the respective deadline set therein or the Closing Date if no other deadline is set, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the applicable deadline or Closing Date, as applicable. Upon such termination, neither party will have any further rights or obligations regarding this Agreement or the .Property except for the indemnification obligations in Sections 3(c)(1) and (d), 5(f) and the remedies provided in Section 20 hereof (collectively, the "Surviving Covenants "), all Earnest Money will be returned to Buyer, and the parties shall execute a written cancellation of this Agreement. All of the contingencies set forth in this Section 3 are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller- .4. Closing_._ The closing of the purchase and sale contemplated by this Agreement (the "Closing ") shall occur on or before August 15, 2007 (the "Closing Date "), subject to further extension by the parties pursuant to Section 3(c)(i) herein. The closing shall take place at the office of the Title Company that provides the Title Commitment, or at such other place as may be agreed to Seller agrees to deliver possession. of the Property to Buyer on the Closing Date. Seller agrees that when - possession is delivered to Buyer, all personal property, junk, debris, auto parts,. or other materials will be removed from the Property. If on the Closing Date, any such personal property, junk, debris, auto parts or other materials remain on the Property, Buyer will have the option to do any of the following; (1) Terminate this Agreement. 3 4-