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4 419290v2 LN140 -109 4 .1. As soon as practicable after the date of this Agreement, Developer shall obtain , a commitment for an Owner’s title insurance policy (the “Commitment”) issued by a title insurer of Develop er’s choice, pursuant to which the title insurer agrees to issue to the Developer upon the recording of the documents of conveyance referred to herein owner’s title insurance policy in the full amount of the Purchase Price, with standard exceptions for mat ters of survey, parties in possession and unfiled mechanic’s or materialmen’s liens deleted. 4 .2. Developer shall have fifteen (15) business days after receipt of the title commitment to render objections to title in writing to EDA and EDA shall have the greater of (i) the number of days remaining until the Date of Closing or (ii) thirty (30) days to have such objections removed or satisfied. If EDA shall fail to have such objections removed within said time, the Developer may, at its sole election: (a) terminate this Agreement without any liability on its part; in which event the Purchase Price deposited by Developer under Section 3.0 shall be promptly refunded in exchange for a quit claim deed to the Property from Developer; or (b) take title to the Property subject to such objections. Notwithstanding anything to the contrary herein, the fact that EDA’s title to the Property derives from a State tax deed is not, by itself, the basis for a title objection under this Section. 5.0 Soils, Environme ntal Conditions . 5.1. The EDA will cooperate with Developer in any request made to the County by Developer for Developer and its agents and consultants to enter upon the Property for the purpose of performing environmental and geotechnical testing. If , by 45 days before the latest date for Closing under Section 9.0 the Developer determines that hazardous waste or other pollutants as defined under federal and state law exist on the property, or that the soils are otherwise unsuitable for construction of the Minimum Improvements, the Developer may at its option terminate this Agreement by giving written notice to the Authority, upon receipt of which this Agreement shall be null and void and neither party shall have any liability hereunder , and EDA shall r efund the Purchase Price deposited by Developer under Section 3.0 . 5.2 The Developer acknowledges that the EDA make s no representations or warranties as to the condition of the soils or environmental conditions on the Property or its fitness for construc tion of the Minimum Improvements or any other purpose for which the Developer may make use of such property . The Developer further agrees that it will indemnify, defend, and hold harmless the EDA and its governing body members, officers, and employees, fr om any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the Property . Nothing in this section will be construed to limit or affect any limitations on liability of the EDA under State or federal law, including with out limitation Minnesota Statutes Sections 466.04 and 604.02. 6.0. Control of Property . After the EDA takes title to the Property and until the Date of Closing, EDA shall have the full responsibility and the entire liability for any and all damages or injuries of any kind whatsoever to the Property, to any and all persons, whether employees or