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H. The obligations of the District under this Agreement are contingent upon the <br />following: <br />1. On or before April 15, 2011 (the "Contingency Date "), District shall have <br />determined, in its sole and absolute discretion, that it is satisfied with the results of the <br />environmental reports and recommendations obtained in accordance with Article I, <br />paragraph C. <br />2. As of May 31, 2011 or such other date as mutually agreed by the parties as <br />the date of closing (the "Closing Date "), City and District shall have complied with the <br />terms and conditions of this Agreement and title to the Property shall be free and clear of <br />all encumbrances, except the public easements as contemplated by this Agreement. <br />3. As of the Contingency Date, the District shall have obtained a positive <br />review and comment from the Minnesota Department of Education concerning the <br />Facility. <br />4. As of the Contingency Date, District shall have obtained a zoning <br />designation that allows for the District to use the property for the purpose the District has <br />intended. <br />5. As of the Contingency Date, District shall have obtained all approvals, <br />licenses, and permits from the appropriate governmental authorities having jurisdiction <br />over the Property deemed necessary by District to permit District's intended use and <br />operation of the property. <br />6. As of the Closing Date, District shall have obtained financing for the <br />construction of the Facility to be located on the Property. <br />VA <br />