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8 <br />DOCSOPEN\MU205\50\716385.v4-4/22/21 <br /> <br /> (c) The EDA does not know of any wells on the Development Property, and will so certify <br />in the deed conveying the Development Property to the Developer. <br /> <br /> Section 3.5. Environmental Testing; Remediation. (a) After execution of this Agreement <br />and within 90 days thereafter, the Developer may undertake tests and inspections of the Development <br />Property regarding the presence of pollution, contamination or hazardous substances on the <br />Development Property and the suitability of the soils for the Developer’s intended purposes. The <br />Developer, and person or persons selected by Developer, shall be permitted access to the <br />Development Property for the purpose of conducting such studies and investigations of the <br />Development Property as Developer deems appropriate, which studies and investigations shall be <br />conducted pursuant to any other terms and conditions of this Agreement. Such studies may include <br />without limitation, physically inspecting the Development Property, conducting soil tests, and <br />reviewing the EDA's records concerning the Development Property which records shall be made <br />reasonably available to Developer within ten (10) days after execution of this Agreement, including <br />prior studies, investigations and surveys, if any, in the EDA’s possession. The Developer, and person <br />or persons selected by the Developer, shall also be permitted access to the Development Property for <br />the purpose of remediating any issues uncovered through the tests and inspections authorized in this <br />Section 3.5. If remediation cannot be accomplished within the aforementioned 90-day time period, <br />the Developer shall be provided with a reasonable amount of time to complete said remediation. <br /> <br /> (b) In the event that the Developer, following such tests and inspections, determines in its <br />sole judgment that the condition of the Development Property is unsuitable for its intended use and <br />for construction of the Minimum Improvements, the Developer may terminate this Agreement and <br />return the Development Property to its condition prior to undertaking such tests and inspections. <br />Developer agrees to indemnify the EDA against any liability, cost or expense incurred by the EDA <br />as a result of Developer's actions on the Property prior to termination, including but not limited to <br />fines, court costs, reasonable attorneys' fees and remedial costs. Regardless of whether the Developer <br />avails itself of the right to conduct tests and inspections on the Development Property pursuant to this <br />Section 3.5, after closing the EDA shall have no obligation or liability to the Developer for any <br />unsuitability with respect to the soil conditions or the presence of any pollution, contamination or <br />hazardous substances on the Development Property. Notwithstanding any other provision herein to <br />the contrary, if the Developer proceeds to closing within less than the period of time allowed in this <br />Section 3.5 for testing, such action shall be deemed to be a waiver by the Developer of its right to test <br />on the Development Property prior to conveyance. <br /> <br />(c) The Developer is solely responsible for undertaking and facilitating the tests, <br />inspections, and remediation efforts authorized in subsection (a) above. <br /> <br /> Section 3.6. Conditions Precedent to Conveyance. Notwithstanding anything in this <br />Agreement to the contrary, the parties shall not be obligated to complete the conveyance of the <br />Development Property contemplated herein until the following conditions precedent have been <br />satisfied: <br />