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4 <br /> <br />Property to its condition prior to entry, and agrees to defend, indemnify and hold Seller <br />harmless, before and after the Closing Date whether or not a closing occurs and regardless <br />of any cancellations or termination of this Agreement, from any liability to any third party, <br />loss or expense incurred by Seller, including without limitation, reasonable attorney fees <br />and costs arising from acts or omissions of Buyer or Buyer’s agents or representatives; and <br /> <br />(ii) file any application with any federal, state, county, municipal or regional <br />agency relating to the Property for the purpose of obtaining any approval necessary for <br />Buyer’s anticipated use of the Property. If Seller’s written consent to or signature upon <br />any such application is required by any such agency for consideration or acceptance of any <br />such application Buyer may request from Seller such consent or signature, which Seller <br />shall not unreasonably withhold. Notwithstanding the foregoing, any zoning <br />commitments or other commitments that would further restrict the future use or <br />development of the Property, beyond the restrictions in place as a result of the current <br />zoning of the Property, shall be subject to Seller’s prior review and written approval. <br />D. Environmental Site Assessment. Buyer may, at Buyer’s sole expense, obtain a <br />Phase I environmental site assessment of the Property pursuant to and limited by the authorizations <br />stated in this Section 4. <br />E. Termination of Agreement. If at any time within the Due Diligence Period Buyer <br />determines, in its sole discretion, not to proceed with the purchase of the Property, Buyer may <br />terminate this Agreement by written notice to Seller’s Representative, and Buyer shall be entitled <br />to a full refund of the Earnest Money Deposit. <br />5. SELLER’S DOCUMENTS <br />Upon Buyer’s request, Seller will provide Buyer a copy of all known environmental inspection, <br />engineering, title, and survey reports and documents in Seller’s possession relating to the Property. <br />In the event the Closing does not occur, Buyer will immediately return all such reports and <br />documents to Seller’s Representative with or without a written request by Seller. <br />6. PRESERVATION OF TITLE <br />After the Contract Date, Seller shall not take any action or allow any action to be taken by others <br />to cause the Property to become subject to any interests, liens, restrictions, easements, covenants, <br />reservations, or other matters affecting Seller’s title (such matters are referred to as <br />“Encumbrances”). Seller acknowledges that Buyer intends to obtain, at Buyer’s sole expense, and <br />to rely upon a commitment for title insurance on the Property (the “Title Commitment”) and a <br />survey of the Property (the “Survey”) identifying all Encumbrances as of the Contract Date. The <br />Property shall be conveyed to Buyer free of any Encumbrances other than Permitted <br />Encumbrances (as defined in Section 8 below). <br />7. TITLE COMMITMENT AND POLICY REQUIREMENTS <br />Buyer shall obtain the Title Commitment for an owner’s policy of title insurance issued by the <br />Title Company within twenty (20) days after the Contract Date. The Title Commitment shall (i)