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(f) To the best of Seller's knowledge: (i) none of the Property has been
<br />excavated (except for standard grading related to site development) by the Seller, at the Seller's
<br />request, or by any tenant or other person ' using or occupying the Property with Seller's
<br />permission; (ii) no hazardous materials, toxic chemicals, or similar substances, as defined by 42
<br />U.S.C. §1251 et seq., or 42 U.S.C. §6901 et seq., or 42 U.S.C. §9601 et seq, or 33 U.S.C.
<br />§1317(l), or 15 U.S.C. §2606(f), or 49 U.S.C. §1801 et seq, or regulations adopted pursuant
<br />thereto, or any similar provision of any applicable federal or state law (collectively, "Hazardous
<br />Materials") are or were stored or used on or under, or otherwise were or are in existence, or were
<br />in any way dealt with on or under the Property; and (iii) no owner or occupant of the Property
<br />has received any notice from any governmental agency with regard to such Hazardous Materials.
<br />(g) Seller represents and warrants to Purchaser that all contractors, sub-
<br />contractors, laborers, materialmen or other parties rendering services to improve or benefit the
<br />Property upon the order or authorization of the Seller, Seller's agent, or Seller's tenant(s) (other
<br />than the Purchaser) have been or will be paid in full by Seller prior to Closing, and Seller shall
<br />deliver to Purchaser at Closing final lien waivers and/or releases of liens from all such parties.
<br />6. Conditions Precedent (Contingencies) to The Obligations of Purchaser to Settle.
<br />(a) Study Period. Purchaser shall have sixty (60) days from the Effective Date, or
<br />the date that all information and data and the copies of all documents to be provided hereunder are
<br />in fact provided to Purchaser by Seller, whichever occurs last ("Study Period') to complete the
<br />studies described below, and to determine in its sole discretion that title and the condition of the
<br />• Property is satisfactory for the intended use(s) of the Purchaser. In the event that the Purchaser is not
<br />so satisfied for any reason whatsoever, at any time prior to the expiration of the Study Period, and
<br />Purchaser has advised the Seller in writing of its intention not to proceed to Settlement hereunder,
<br />then, in such event, this Agreement shall automatically be deemed to be terminated.
<br />(i) The Seller shall give to the Purchaser and their designated agents
<br />and representatives full access to the Property throughout the Study Period, including the right for
<br />Purchaser to cause its agents or representatives to enter upon the Property for the purpose of making
<br />building inspections, surveys, soil borings or other environmental inquiries and investigations,
<br />water, sanitary and storm sewer, utilities and other similar tests, investigations or studies as the
<br />Purchaser may desire, provided that the Purchaser, at its expense, restores the property to its prior
<br />condition to the extent of any changes made by its agents or representatives in the event it does not
<br />purchase the Property.
<br />(b) Title. Title to the Property shall be insurable by a recognized title company of
<br />the Purchaser's choice, at standard rates, and without exception other than (i) the standard printed
<br />Exclusions from Coverage contained in the Title Binder, (ii) the lien of real property taxes on the
<br />Property for the current year not yet due and payable, (iii) such other encumbrances, easements,
<br />restrictions and exceptions (including, without limitation, survey matters) acceptable to
<br />Purchaser in Purchaser's sole discretion which do not individually or in the aggregate render title
<br />unmarketable or adversely affect the use of the Property for Purchaser's intended use(s)
<br />(collectively, the "Permitted Exceptions") and (iv) matters to be paid or released by Seller at
<br />• Closing. If a title search done by Purchaser or title insurance commitment obtained by Purchaser
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