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either (i) waive the Title Defect and proceed to close hereunder with no offset or reduction in the Purchase Price except for the amount of any monetary lien which is an Exception or (ii) terminate this Agreement. Subject to Buyer's written approval, Seller may extend the Closing Date for a period not to exceed thirty (30) days after Seller receives written notice from Buyer of the existence of any such Title Defect in order to cure it. (d) If the commitment reflects any conditions, including Title Exceptions, (Permitted Exceptions) which are not acceptable to Buyer, Buyer may terminate this Agreement. In such event, Seller shall have no obligation to cure any Title Defect. (e) If Buyer has not objected to any exception in the Commitment by written notice delivered to Seller within ten (10) business days following the later of (i) receipt of the Commitment or (ii) receipt of the Survey, if applicable, then Buyer shall be deemed to have approved the Commitment and all exceptions to title reflected therein (other than the lien of any monetary encumbrance which is to be released at Closing) and the Survey, if applicable, and condition of the Real Estate as thereby disclosed. 9. Survey. At its option and expense, Buyer may cause a qualified surveyor to complete a boundary survey ( "Survey ") of the Real Estate forty -five (45) days prior to the exercise of the Option. If the Survey discloses any state of fact which would preclude use of the Real Estate for the purpose of development, construction and operation of the Project, then Buyer may cancel this Agreement within ten (10) business days following receipt of the Survey by providing written notice to Seller, each party hereto shall be released from any duty hereunder except as otherwise provided herein. 10. Environmental Assessment. Seller grants to Buyer its agents, contractors, employees and successors and assigns, a temporary, non - exclusive right on, in, across and under the Real Estate for the purposes of the investigation, surveying and sampling of soils and improvements located in, upon and under the Real Estate ( "Environmental Assessment ") This non - exclusive right to enter the Real Estate shall be at reasonable times as may be determined by agreement of the parties. Buyer agrees to provide Seller with reasonable notice before accessing the Real Estate. If the Environmental Assessment discloses the possibility of any environmental condition (including but not limited to soil conditions) which Buyer deems unacceptable, then Buyer may either terminate this Agreement or cause further investigation of any potential adverse environmental condition to be made. In any event, if the Environmental Assessment or any subsequent investigation shall disclose any environmental condition (including but not limited to soil conditions) unacceptable to Buyer, then Buyer may terminate this Agreement upon written notice to Seller delivered prior to expiration of the Approvals Period. Upon such termination, each party hereto shall be released from any duty hereunder except as otherwise provided herein. Buyer shall bear the entire cost of the Environmental Assessment and any further environmental investigation undertaken at the direction of Buyer rd