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<br />3 <br />withheld; and further provided that if Closing does not occur, Buyer shall <br />promptly restore the Property to its condition prior to entry; and <br /> <br />(ii) file any application with any federal, state, county, municipal or <br />regional agency relating to the Property for the purpose of obtaining any approval <br />necessary for Buyer’s anticipated use of the Property. If Seller’s written consent <br />to or signature upon any such application is required by any such agency for <br />consideration or acceptance of any such application, Buyer may forward <br />necessary, reasonable forms created by the governmental agency to and request <br />from Seller such consent or signature, which Seller shall not unreasonably <br />withhold after being reimbursed for Seller’s expenses. <br /> <br />C. Due Diligence Period. Buyer shall have a period of forty-five (45) days <br />following the Contract Date to complete its examination of the Property in accordance <br />with this Section 3 (the “Due Diligence Period”). Upon written notice, the Parties may <br />proceed to Closing prior to the expiration of the Due Diligence period described in this <br />Section. <br /> <br />D. Termination of Agreement. If at any time within the Due Diligence <br />Period, Buyer determines, in its sole discretion, not to proceed with the purchase of the <br />Property, Buyer may terminate this Agreement by written notice to Seller and Buyer shall <br />be entitled to a full refund of the Earnest Money Deposit. <br /> <br /> <br />4. PRESERVATION OF TITLE AND CONDITION <br /> <br />A. After the date Seller receives a copy of this Agreement as described in <br />Section 1, Seller shall not take any action or allow any action to be taken by others to <br />cause the Property to become subject to any new interests, liens, restrictions, easements, <br />covenants, reservations or other matters affecting Seller’s title (such matters are referred <br />to as “Encumbrances”). <br /> <br /> B. Seller hereby covenants that Seller will not alter the condition of the <br />Property at any time after the date Seller receives a copy of this Agreement as described <br />in Section 1. Further, Seller will not release or cause to be released any hazardous <br />substances on or near the Property and will not otherwise collect or store hazardous <br />substances or other materials, goods, refuse or debris at the Property. <br /> <br />5. TITLE COMMITMENT AND SURVEY <br /> <br />Buyer shall obtain the Title Commitment for an owner’s policy of title insurance issued <br />by a title company selected by Buyer and reasonably acceptable to Seller (the “Title <br />Company”) within twenty (20) days after the Contract Date. Buyer, at its option, may <br />obtain a survey of the Property, at its sole expense. The Property shall be conveyed to <br />Buyer free of all encumbrances, including but not limited to mortgages, judgments, and <br />taxes, unless otherwise waived in writing by Buyer. The Title Commitment will be