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8. Conditions Precedent to Acquisition. The obligation of Purchaser to close this Agreement shall be subject to Section 6 and to the fulfillment of the following conditions precedent and of the terms of this Agreement, the failure of any of which shall entitle Purchaser to waive such condition or to terminate this Agreement and to receive from Escrow Agent the Escrow Deposit. Unless otherwise specified, Purchaser shall be entitled to the fulfillment of the conditions within one hundred eighty (180) days of the date hereof and all such conditions shall continue to be fulfilled through the Closing Date. The conditions are as follows: (a) Condition of Title. Title to the Property shall be in such condition and status as is consistent with the requirements of Section 10(f) hereof. (b) Property Condition. The condition of the Property shall be as set forth in Section 9. (c) Access. A portion of the Property adequate in Purchaser's sole opinion for Purchaser's intended use of the Property shall be contiguous with, and have direct access (through permitted curb cuts) to, public rights-of-way without the necessity of securing easements across property not owned by Seller and not to be conveyed to Purchaser pursuant to this Agreement. (d) Hazardous or Toxic Materials. No hazardous or toxic material or substance, as such terms are defined under applicable local, state or federal laws and regulations, have been introduced into or have been stored on the surface or in the subsurface of the Property or in any surface waters or ground waters on or under the Property and no such materials or substances currently exist or are stored at the Property; no concentrations of radon gas or polychlorinated biphenyls or other similar toxic substances have been introduced on the Property, nor do any concentrations of radon gas or polychlorinated biphenyls or other similar toxic substances exist on the Property; the Property has not been used as a sanitary landfill, dump, industrial waste disposal, treatment, generating storage or recycling site, or for any other similar uses; the Property and its existing uses comply with and Seller has not violated any applicable state, federal or local environment law or permit in connection with Seller's ownership or operation of the Property; and the Seller, to the best of Seller's knowledge, knows of no such violations of local, state and federal laws and regulations pertaining to hazardous or toxic material or substance. (e) Survey. Promptly after full execution hereof and at its expense, Purchaser shall order a survey of the Property. The survey shall (i) be sufficient to describe the Property by metes and bounds; (ii) contain certification as to the portions of the Property that lie within a flood hazard area; (iii) show the location of all existing improvements within the Property; (iv) show all real property retained by Seller and the location of the improvements thereon; (v) show setback, side yard, rear yard and sight triangle requirements and the location of utility lines and all easements, (vi) show access to public rights-of-way; and (vii) disclose encroachments, overhangs, or other matters which may affect the marketability of title to the Property or the intended use of the Property by Purchaser; and (viii) disclose wetlands, if any, present on the Property. (f) Subdivision Approval. If the conveyance of the Property by Seller requires subdivision approval or the recordation of a subdivision map or both, Seller shatl, at Seller's cost and expense, comply with all such requirements at or prior to the Closing Date. (g) Seller's Representations, Seller's representations shall be true, complete and accurate at the Closing Date. (h) Seller's Compliance. Seller shall have complied with all of Seller's obligations under this Agreement. 3