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VI. ENVIRONMENT AND ECOLOGY Prior to Closing, Purchaser shall have received evidence satisfactory to the sole discretion of Purchaser of the following: (a) the environmental and ecological condition of the Property is such that the Property is not and will not be in violation of any Environmental Requirement (as defined in Section XIV) applicable thereto as of the Closing; (b) the soil, surface water and ground water of or on the Property as of the Closing are free from Hazardous Materials (as defined in Section XIV); and (c) the Property as of the Closing Date has not been used for the treatment, storage or disposal of any Hazardous Materials. In addition, Purchaser shall have the right to obtain soil reports, environmental assessments and tests from a qualified person selected by Purchaser, with respect to the environmental and ecological condition of the Property including, but not limited to, the presence of any Hazardous Materials in, on or beneath the surface of the Property or in the ground water or the surface water on or in the Property, which reports and tests shall be satisfactory to Purchaser in its sole discretion. If Purchaser has not received the foregoing to its sole satisfaction prior to Closing, Purchaser may terminate this Contract without any liability by Purchaser to Seller. If Purchaser elects to terminate this contract, for any reason related to investigations made by Purchaser herein, Seller is not in default. VII. INSPECTION RIGHTS 7.1 Prior to the Closing, Purchaser at its sole expense shall have the right to conduct inspections, testing and assessments or investigations of the Property including soil studies, environmental studies, tests and assessments, zoning, title, survey, building inspections and any other matters in Purchaser's sole discretion to determine whether or not the Property is suitable for the purposes and intended use of the Purchaser. 7.2 Prior to the Closing, Purchaser at its sole expense shall have the right to conduct inspections, testing and assessments or investigations of the Property (with due consideration of any current tenant), and studies and assessments of the economic viability of Purchaser's intended use of the Property as a stream restoration and/or wetland mitigation site (hereinafter collectively referred to as the "Inspections "). 7.3 Seller agrees to cooperate in any way reasonably necessary to conduct all such inspections, tests or investigations of the Property. The Property shall be in the same condition at Closing as at the end of the Due Diligence Period. Purchaser shall notify Seller immediately in writing of any condition of the Property, which in Purchaser's sole judgment is unsatisfactory. Seller shall have the option of (a) curing the defects, (b) providing Purchaser a closing credit to the Purchase Price in an amount mutually agreed upon by Seller and Purchaser, or (c) refusing to complete any such repairs or remedial work. If Seller elects not to complete the repairs or to provide a closing credit, then Purchaser shall have the option of (a) accepting the Easement with the Property in its present condition or (b) terminating this Contract. In the event Purchaser elects to cancel this Contract, the parties shall be relieved of all further obligations hereunder. Purchaser, however, agrees to restore the Property to its condition existing before such 5 2013 Base Option Attachment number 1 G -9 Page 203