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Owner's written consent which shall not be unreasonably withheld (it being agreed that Owner shall respond to Optionee's written request for consent within three (3) business days after receipt of such request), and (ii) Optionee shall provide Owner with copies of all results and reports received as a result of any investigation, test, study, or analysis regarding the physical condition of the Property done by any third party consultants on behalf of Optionee. Optionee shall pay all costs with respect to such studies and tests. Optionee's Authorized Parties may bring such equipment on the Real Property as is necessary or appropriate to make such studies. Optionee shall maintain, repair and restore the Real Property as necessary to remedy any damage to the Real Property to the extent caused by the feasibility activities of Optionee's Authorized Parties on the Real Property, shall take reasonable precautions to minimize interference with the activities of Owner on the Real Property, and shall indemnify and hold harmless Owner and Owner's Parties (as hereinafter defined in Paragraph 13(d)) from and against all suits, causes of action, claims, liabilities, damages, losses, fees, fines, costs and expenses including attorneys' and experts' fees (collectively, "Claims "), for any injury, loss, or damage to persons or property occurring in connection with the inspections and studies conducted by Optionee's Authorized Parties, except that Optionee shall have no liability for and no obligation to remedy any conditions or defects on or under the Real Property (i) not caused by a Optionee Authorized Party including those that are discovered by a Optionee Authorized Party during its investigations and inspections, or (ii) resulting from the acts or omissions of Owner, or any past and/or present occupant of the Real Property or their respective agents, engineers, contractors, consultants and representatives. Optionee's obligations to indemnify and hold Owner and Owner's Parties harmless pursuant to this Paragraph (9a) shall survive the termination of this Agreement and the Closing. (b) Cooperation. Owner shall provide Optionee and its consultants with the opportunity to consult with Owner's environmental consultants and to review any work product prepared by or in the possession of such consultants provided Owner is not legally or contractually precluded from doing so. Owner shall cooperate in all reasonable respects in connection with Optionee's evaluation of the environmental condition of the Property and any required clean -up or remediation of Hazardous Materials on, at or under the Property, including without limitation participating in meetings with applicable governmental authorities and executing any authorizations or other documents required for Optionee to obtain access to documents or other information relating to the condition of the Property. 10. Conditions of Optionee's Performance. Optionee's obligation to close escrow under this Agreement is subject to Optionee's written approval of the following conditions at or before the earlier of the Closing or such earlier time expressly provided below in this Paragraph 10, but Optionee shall have the right to waive any such condition in writing within the time period specified in such condition. If any of the following conditions is not satisfied or waived in writing by Optionee, then Optionee shall be entitled to terminate this Agreement, in which event all Deposits shall be returned immediately to Optionee with interest earned thereon, without any further obligation on the part of either Optionee or Owner, subject to any remedies Optionee may have to the extent that a failure of condition also constitutes a default by Owner under this Agreement. (a) Feasibility Study. Optionee may, in Optionee's sole discretion, approve or disapprove the condition of the Real Property and the feasibility of using the Real Property for Option Agreement 20 Chemical 10.05. 2010 v.5 11