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obligations under this Agreement are contingent on City's satisfactory completion of its <br /> inspection, review, examination and investigation of all matters pertaining to each of the <br /> Transfer Lots, including, without limitation: conducting soils, geotechnical and environmental <br /> studies and assessments; reviewing the documents and information provided by Rinker , <br /> hereunder; and conducting or undertaking any other analyses City deems necessary or advisable <br /> to determine that the condition of each of the Transfer Lots is consistent with the terms of this <br /> Agreement. City shall perform and complete, at its expense, all of its due diligence and if the <br /> City determines in its own discretion that the proposed Transfer Lot is not consistent with the <br /> terms of this Agreement, the City may exercise its remedies under Section 1.12 of this <br /> Agreement by written notice to Rinker on or before 5:00 P.M., Seattle time, on the last day of the <br /> Due Diligence Period. If City does not deliver such notice to Rinker on or before the expiration <br /> of the Due Diligence Period, this inspection contingency shall be deemed to have been waived <br /> and the Agreement shall continue in full force and effect. <br /> 1.5 Access. During the Inspection Period the City and its employees, agents, <br /> consultants and advisers may enter upon the applicable Transfer Lot and make such inspections <br /> and tests (including soil borings and environmental tests) of the respective Transfer Lot as City <br /> deems desirable. Rinker shall provide City and City's employees, agents, consultants and <br /> advisers,with reasonable access to the respective Transfer Lot and shall provide reasonable <br /> access to all known information respecting the Transfer Lot in Rinker's possession or control. <br /> To the extent not covered by insurance, City shall indemnify, defend and hold Rinker harmless <br /> from and against any claims for personal injury or death or property damage caused by City's <br /> exercise of its right to access a Transfer Lot under this Section, except to the extent caused or <br /> contributed to by Rinker's own negligence or willful misconduct. City shall keep a respective <br /> 2004 Revised Development Agreement <br /> 10 <br /> 8/23/2005 <br />