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<br />environmental approvals, or other approvals under applicable law <br />as are required for the Developer's intended use of the Property as <br />described in this Agreement (the "Intended Use"). For the purposes <br />of this Agreement, "final approval" shall mean approval by the <br />applicable governmental agency authorized to grant such approval <br />and expiration of any and all appeal or challenge periQds with <br />respect to any such approval without any appeal being taken or <br />judicial challenge to such approval being filed or threatened, such <br />approval being subject to such conditions as are reasonably <br />acceptable to the Developer. <br /> <br />4. <br /> <br />The Agency must have approved the Preliminary <br /> <br />Title Report. <br /> <br />b. The Developer's obligation to purchase the Property <br />from the Agency and the Close of Escrow shall be expressly <br />conditioned upon satisfaction of or waiver by the Developer of each <br />of the following: <br /> <br />1. The Developer shall have received final <br />approval of any required general or special plan amendment, changes <br />in zoning, variances, special use permits, site plan approvals, <br />environmental approvals or other approvals under applicable law as <br />are required for the Intended Use. <br /> <br />2. The results of any inspection, soil tests, <br />drainage tests, survey, topographical analysis, engineering and/or <br />architectural drawings undertaken by the Developer, if any (all to <br />be performed at Developer's expense), of the Property do not <br />disclose that the Property is unsuitable for the Intended Use. The <br />Agency shall use its best efforts to obtain for Developer, its <br />employees and agents, a license for access over and through the <br />Property for the purposes of conducting any of the foregoing tests, <br />inspections or surveys, provided the Developer shall hold the <br />Agency harmless from any liability, damage or expense which either <br />may incur by reason thereof. As of the date of this Agreement, the <br />Agency is unaware of any. reports that would indicate that the <br />Property is unsuitable for the Intended Use. <br /> <br />3. The results of any hazardous substance site <br />assessment to be performed at Developer's expense on the Property <br />do not disclose evidence suggesting the presence of any hazardous <br />materials or environmental contamination, or if present, the same <br />shall have been approved by Developer based on such assessment. To <br />the best of the Agèncy's knowledge, the Agency is unaware of the <br />presence of any environmental contamination. As used in this <br /> <br />11 <br /> <br />REDW\0006\DOC\001-5 <br />1/27/05 7:00 /mve <br />