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Section 8. Authority's Obligations. • 8.1 (a) Upon request, Authority shall provide Buyer with a copy of all available environmental assessment studies, soils reports and storm water engineering reports. Buyer may, at its own expense, conduct additional environmental testing of the Property. (b) Authority makes no representations or warranties, whether 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 sea., as amended) or "hazardous wastes" (as defined by the Resource Conservation Act, 15 U.S.C. Section 2601 et sea., as amended). Buyer hereby acknowledges that the bearing capacity of some of the soils on the site may be below standard and that portions of these soils, frequently identified as "cinders", if removed from the site may have to be bioremediated or otherwise disposed of as either a "hazardous substance" or "hazardous waste" as defined herein. Cost of removal, if necessary, and disposal, if necessary, shall be solely the responsibility of Buyer. If such soils are left in place, Buyer will be solely responsible for any solutions related to bearing capacity. 8.2 The Property shall be delivered to the Buyer at Closing in its present physical condition, except as otherwise provided in this Agreement. It shall be Buyer's responsibility to • determine that all utility service required by Buyer is available to the Property. Section 9. Events of Default. 9.1 The unexcused failure of either party to perform any or all of its obligations as set forth in this Agreement shall be an Event of Default; provided, however, that any failure on the part of the Buyer to fulfill its obligations with respect to site development or construction shall not be deemed an Event of Default until Authority has given Buyer notice of such failure and a reasonable opportunity to cure any such failure. 9.2 In addition to any other remedies provided in this Agreement or available at law or in equity, upon the occurrence of an Event of Default the non -defaulting party may, by notice to the defaulting party, declare a default and: (a) the non -defaulting party may sue for specific performance; (b) if Buyer is the defaulting party, (1) Buyer shall, within 5 days of demand therefor by Authority, deliver to Authority all site, engineering, architectural, or other plans and all financial projections and construction budgets prepared by or for Buyer with respect to the Property, (2) plus the actual direct 0 Page 5