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<br />12 <br /> <br />to the Title Commitment, together with any endorsements that it deems to be necessary or <br />appropriate. <br />(e) Environmental Condition. Prior to Closing, the Company, at its expense, <br />shall have determined that: (i) there is no contamination or pollution of the Project Site, or <br />any groundwater thereunder, by any hazardous waste, material, or substance in violation <br />of any Laws; and (ii) there are no underground storage tanks located on the Project Site. <br />To the extent deemed necessary or appropriate by the Company, the Company shall have <br />obtained a comfort letter issued by the Indiana Department of Environmental Management <br />through the Indiana Brownfields Program (“IDEM”) confirming, among other things, <br />IDEM’s opinion that the Company meets the requirements to be considered a bona fide <br />prospective purchaser of the Project Site. The Company shall provide the City with all <br />Property Inspection reports prepared for the Project Site. <br />(f) Physical Condition. Prior to Closing, the Company, at its expense, shall <br />have determined that no test, inspection, examination, study, or investigation of the Project <br />Site establishes that there are conditions that would interfere materially with the <br />construction and use of the Project, in accordance with the terms and conditions of this <br />Agreement. <br />(g) Zoning. Prior to Closing, the Company shall have determined that: (i) the <br />zoning of the Project Site is proper and appropriate for the construction of the Project and <br />use of the Project in accordance with the terms and conditions of this Agreement; and (ii) <br />the Project Site is subject only to commitments and restrictions that are acceptable to the <br />Company in its reasonable discretion. <br />(h) Utility Availability. Prior to Closing, the Company, at its expense, shall <br />have determined that gas, electricity, telephone, cable, water, storm and sanitary sewer, and <br />other utility services are: (i) in adjoining public rights-of-way or properly granted utility <br />easements; and (ii) serving, or will serve, the Project Site at adequate pressures, and in <br />sufficient quantities and volumes, for the construction and use of the Project in accordance <br />with the terms and conditions of this Agreement. <br />(i) Required Permits. Prior to Closing, the Company shall have: (i) obtained; <br />or (ii) determined that it shall be able to obtain, all Required Permits. <br />(j) Final Construction Plans. Prior to Closing, final construction plans shall <br />have been completed and approved by the City. <br />(k) Financial Ability. Prior to Closing, the Company shall demonstrate to the <br />reasonable satisfaction of the City that the Company has adequate funds (proceeds from <br />the Project Loan, Bond Proceeds, and/or cash on hand) to construct the Project. <br />(l) Ancillary Agreements. Prior to Closing: (i) the applicable City Bodies and <br />the Company, each exercising commercially reasonable discretion, shall have approved the <br />form and substance of any and all Ancillary Agreements and (ii) all other parties to the <br />Ancillary Agreements shall have approved the form and substance of such Ancillary <br />Agreements.