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a. The Deposit, earned interest and any Extension Payments shall be • immediately returned to Buyer, and b. Buyer shall deliver to Seller all physical surveys, site, engineering, or other plans, and copies of all soil borings, environmental studies and audits with respect to the Property. Seller shall reimburse Buyer only for said physical surveys if it elects to receive such surveys and then only at Buyer's actual costs. C. Each party shall be relieved from any further liability under this Agreement, and d. This Agreement shall be deemed to have been terminated. 4.5. Expenses and Prorations. Except as otherwise provided herein, each party shall be responsible for its expenses incurred in connection with this Agreement and the transaction contemplated hereby. Seller shall pay all costs for the preparation of the Deed, Seller's recording tax applicable thereto, its proportionate share of the current year's real estate taxes allocable to the Property through Closing, and its own attorney's fees. Buyer shall pay its own attorney's fees (including all costs for the preparation of any security or financing instruments), its proportionate share of the current year's real estate taxes when due and payable, cost of title insurance and all recording costs other than Seller's deed tax. Section 5. Environmental Obligations. • 5.1. a. Seller's Studies. To the extent that it has not already done so, Seller will, on or before the execution of this Agreement, deliver to Buyer a copy of all environmental assessment studies, soil reports and storm water engineering reports in the possession of Seller. Seller makes no representations concerning the accuracy of such documents. b. Hazardous Substances or Wastes. Seller makes no representations or warranties, express or implied, concerning the absence of any "hazardous substances" (as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq., as amended) or "hazardous wastes" (as defined by the Resource Conservation Act, 15 U.S.C. Section 2601 et seq., as amended). Buyer hereby acknowledges that some of the soils, equipment, or improvements on the Property (some of which were part of an old sewage treatment plant), if removed from the Property, may have to be bioremediated or otherwise disposed of as either a "hazardous substance" or "hazardous waste" as defined herein above. All costs of and responsibility for removal, if necessary, and disposal, if necessary, shall be borne solely by Buyer. Buyer will be solely responsible for any solutions related to bearing capacity. c. Seller's Removal of Contents of Tanks. Notwithstanding the foregoing, within one hundred twenty (120) days after the execution of this Agreement, Seller shall, at its expense, remove from the Property and properly dispose of any and all liquids in all tanks located on the Property. 7