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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 /> 4 . The Agency must have approved the Preliminary <br /> Title Report . <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 /> 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 /> 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 /> 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 Agency' s knowledge, the Agency is unaware of the <br /> presence of any environmental contamination. As used in this <br /> Agreement, "Agency Knowledge" is defined as the actual knowledge of <br /> �-trs�r—F_ "rt-=��=-Peter Inctram. <br /> 4 . The Developer must hav� approved the <br /> Preliminary Title Report . <br /> Section 2 . 08 . Time and Place for Delivery of Documents <br /> to Escrow. <br /> REDW\0006\DOC\013-7 <br /> 1 0 1\11\08 940 law <br />