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3. Buyer's Contingencies. The obligations of Buyer under this Agreement are subject to <br />and contingent upon satisfaction of each of the following contingencies: <br />a. Title. Title shall have been found acceptable, or be made acceptable, in <br />accordance with the requirements and terms of Section 6 of this Agreement. <br />b. Soil Tests. Buyer shall have determined, on or before the first business day <br />which is one -hundred twenty (120) days after the Effective Date, that Buyer is <br />satisfied with the results of and matters disclosed by such soil and geotechnical <br />tests of the Property as Buyer may deem necessary, all such tests to be obtained at <br />Buyer's sole cost and expense. Buyer acknowledges that Seller has provided <br />Buyer with copies of soils and environmental information in possession of the <br />SellerWit-h4n-ten-(-1-0)-bless-days-a4 the Effee-ti • , ' le deliver• <br />tee -I -34y“ all soil tests atac4-etherii .. peeetions, tevi -and-repents, ifany;....pertaining <br />.' ler's possession or contra e beet-}fevieusly <br />prepare -en Sellerts-behalf Buyer hereby agrees to indemnify and holt! Seller <br />harmless fioni any and all claimsincluding but not limited to mechanic lien <br />claims. resulting from or related to inspections or tests performed by the buyer <br />pursuant to the provisions of this paragraph. The Indemnification shall include <br />reasonable attorney fees and costs incurred in defending any claim. Furthermore, <br />Buyer shall provide Seller with a copy of all reports and documents it receives in <br />relation to this provision. <br />c. Utilities. Buyer shall have determined, on or before the first business day which <br />is one -hundred twenty (120) days after the Effective Date, that water, sanitary <br />sewer, storm sewer, natural gas, electricity and other utilities are available at the <br />boundary of the Property in capacities adequate for Buyer's Intended Use of the <br />Property (as defined below) upon terms and conditions acceptable to Buyer. <br />d. Environmental Assessment. Buyer may obtain a Phase I Environmental <br />Assessment (and a Phase II Environmental Assessment, if necessary) prepared by <br />an environmental engineer acceptable to Buyer. Said Environmental Assessment <br />is to be obtained at Buyer's sole cost and expense. On or before the first business <br />day which is one -hundred twenty (120) days after the Effective Date, Buyer shall <br />have determined that all matters disclosed by the Phase I or Phase II <br />Environmental Assessment(s) are acceptable to Buyer in Buyer's sole discretion. <br />Within ten (10) business days after the Effective Date, Seller shall deliver to <br />Bum all en*4+e im ntal as.;cssmcnts, if any-pesrtaining4o--the--Deal-I-repert-y-that <br />ape in -Seller's pass have -been pre iou4pIwase<d-on--Seller''s <br />behalf. Buyer hereby agrees to indemnify and hold Seller harmless from any and <br />all claims. including but not limited to mechanic_ lien claims. lesultingfrom or <br />related to inspections or testsperformcd by the buyer pursuant to the provisions of <br />thisJraragraph. The indemnification shall include reasonable attorney fees and <br />costs incurred in defending. any claim. Furthermore, Buyer shall provide Seller <br />with a copy of all reports and documents it receives in relation to this provision. <br />2 <br />Davis Real Estate/City or Little Canada <br />