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(a) Title: Developer may review and approve preliminary title reports and <br /> . surveys in accordance with this Agreement; <br /> (b) Developer shall indemnify Authority against any liability, cost or <br /> expense incurred by Authority as a result of Developer's actions,including but not <br /> limited to fines, court costs, reasonable attorneys' fees and remedial costs. <br /> Authority chaI1 provide Developer and Developer's agents and representatives <br /> access to the Property, at reasonable times and in a reasonable manner, for <br /> purposes of completing such Investigation/Due Diligence Period requirements. <br /> Authority shall cooperate with the Developer's investigation of the Property, <br /> including Developer's ability to interview,at reasonable times and in a reasonable <br /> manner,Authority or any of Authority's employees or to take samples of any soil, <br /> ground water or other materials provided the same does not unreasonably interfere <br /> with Authority's operations. <br /> (c) Developer must provide adequate evidence of financing for the <br /> purchase and construction of the Minimum Improvements on the Property.. <br /> 93. With respect to the above-described conditions, Developer shall give notice <br /> of its desire to terminate this Agreement for failure to fulfill any of said conditions on or <br /> before the Dare of Closing or such earlier date as may be specified above. In the event <br /> no notice of termination is given within the specified time period with respect to any such <br /> section hereof, such condition shall be deemed to be waived by Develop• erper and Developer <br /> shall proceed to closing in accordance with the other terms and conditions hereof If this <br /> Agreement is terminated due to the failure of the conditions set forth,in Sections 9.I,the <br /> Earnest Money shall be promptly returned to Developer in exchange for a quit claim deed <br /> for the Property and neither party shall have further rights and obligations <br /> this Agreement is terminated due to the failure of the conditions set forth in Section 9.2, <br /> the Earnest Money shall be retained by the Authority and the Developer shall execute a <br /> quit claim deed for the Property. <br /> 10.0. Closing. The closing shall take place on , 1997 (the "Date of <br /> Closing")or on such earlier date as Authority and Developer may mutually <br /> e <br /> closing shall take place at the office of Title Insurer or such other place agree A�writing. and <br /> Developer may reasonably determine. Possession of the Property shall be delivered on the Date <br /> of Closing. <br /> 11.0._ Authority's Obligations-At CIosing On or prior to the Date of CIosing,Authority <br /> shall: <br /> 11.1. Execute, acknowledge and deliver to the Developer, <br /> a right of reverter,to the Property conveyingDeveloper a warranty deed, with <br /> to the Property, subject to the limitations contained in Sections marketable nd 5.3 herfee simple title <br /> , and <br /> all rights appurtenant thereto subject only to the encumbrances approved by Developer in <br /> accordance with Section 5.3. <br /> =123590 <br /> =OS-2 7 <br />