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(a) based on such environmental tests as Buyer may undertake or cause to be undertaken pursuant to Paragraph 10, the Real Estate does not currently violate, and will not upon completion of the Project violate, applicable environmental, wetland and/or endangered species requirements and no adverse environmental condition exists on the Real Estate; (b) sanitary sewer service may be made available to the Project by the City of South Bend or other provider of such service, and the sewer connection and availability charges levied by such provider (as would affect the Project) shall meet Buyer's cost requirements; (c) water service to the Project adequate to service the Project may be made available at a cost acceptable to Buyer; (d) the Real Estate may be rezoned to permit development of the Project; and (e) such permits, variances and other approvals as are required to allow Buyer to develop, construct and operate the Project in full compliance with all applicable legal requirements may be obtained. 8. Seller's Title. (a) Buyer shall procure thirty (30) days prior to the exercise of the Option a commitment for an owner's policy of title insurance (the "Commitment ") issued by Meridian Title Insurance Company or such other title insurance company as may be selected by Buyer (the "Title Insurer ") in which Title Insurer shall agree to insure for the full amount of the Purchase Price fee simple title to the Real Estate in the name of Buyer after delivery of the Deed to Buyer and recordation thereof in the Office of the Recorder of St. Joseph County, Indiana, subject only to such easements, covenants, restrictions, agreements and other instruments affecting title to the Real Estate ( "Title Exceptions ") as are of record. At the Closing, Buyer shall pay the premium for the policy issued pursuant to the Commitment, which policy shall have the Schedule B standard printed exceptions deleted therefrom and shall contain such endorsements as Buyer or its lenders may specify. Buyer shall pay any incremental cost charged for the policy endorsements required by Buyer or its lenders. If Buyer does not exercise this Option and purchase the Real Estate, Buyer shall pay all charges and cancellation fees in connection with the Commitment. (b) If the Commitment reflects that at any time prior to the Closing title to the Real Estate is encumbered by any exception to title other than Title Exceptions ( "Permitted Exceptions ") and any monetary liens which are to be discharged at Closing (any such exception or unacceptable state of fact being referred to herein as a "Title Defect "), then Seller shall, within ten (10) days after is notified in writing by Buyer of the existence of any Title Defect, use commercially reasonable efforts to remove such Title Defect and provide Buyer with reasonable evidence of such removal or reasonable evidence that such Title Defect will be removed on or before the Closing. (c) If Seller, despite its commercially reasonable efforts, is not able to cure any Title Defect within the ten (10) day period specified in subparagraph (b), Buyer's sole remedy shall be to 3