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Property, and to evaluate and approve the feasibility of the Property for Buyer's intended <br /> purposes. Buyer may terminate this Agreement for any reason and for no reason by <br /> delivering written notice of such termination ("Buyer's Termination Notice") to Seller <br /> at any time prior to expiration of the Inspection Period,in which event,the Earnest Money <br /> shall be immediately returned to Buyer and the parties shall have no further obligations <br /> hereunder other than those obligations that expressly survive by their terms, and Buyer <br /> shall return to Seller all materials delivered by Seller to Buyer pursuant to this Article IV. <br /> If Buyer fails to deliver Buyer's Termination Notice prior to expiration of the Inspection <br /> Period, then subject to Buyer's rights under Section 3.1 above, with respect to any New <br /> Defects, the Inspection Period contingency shall be deemed to be satisfied, the Earnest <br /> Money shall become non-refundable (except as otherwise specifically provided in this <br /> Agreement), this Agreement shall remain in full force and effect and the Closing shall <br /> occur in accordance with the terms contained herein. <br /> 4.3 Access and Indemnity. During the Inspection Period, Buyer (and its <br /> consultants, surveyors, agents, and employees) at Buyer's sole expense, may enter upon <br /> the Property in order to, among other things, inspect the physical condition of the <br /> Property, verify to its satisfaction the information provided to it and conduct any <br /> environmental or other inspections, sampling, surveys and studies as it deems <br /> appropriate. Buyer shall indemnify, defend and hold Seller harmless from any and all <br /> damages, claims, liens, causes of action that arise out of or are in any way related to <br /> Buyer's activities on the Property prior to Closing, including, without limitation, Seller's <br /> costs, expenses and attorneys' fees, except to the extent caused or contributed to by the <br /> negligence or willful misconduct of Seller and except to the extent that any such damages, <br /> claims, liens, causes of action results from, arises out of, or is in connection with any <br /> Hazardous Substances (as defined below) at, on, under, over, emanating from or <br /> migrating to the Property unless such Hazardous Substances were released by Buyer or <br /> Buyer's contractors or agents. Notwithstanding anything to the contrary contained in this <br /> Agreement, this indemnity shall survive the termination, expiration and consummation <br /> of this Agreement. <br /> 4.4 Demolition. Prior to Closing, Seller shall demolish all existing above <br /> ground improvements on the Property and remove all personal property (including, for <br /> example, all demolition debris and logs) from the Property,as described in Exhibit C <br /> (the "Demolition Work"). For purposes of clarity, the parties agree that Seller is not <br /> required to remove concrete footings or at grade or below grade concrete foundations. <br /> If such demolished improvements or debris contains Hazardous Substances (as defined <br /> below), Seller shall properly handle and dispose of such Hazardous Substances in <br /> accordance with applicable law. <br /> 5 <br />