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no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 5.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5.4 Seller shall permit the County or its agents to access the property upon reasonable notice to perform the necessary testing and examinations in order to determine the suitability of the Property for the County's purposes. Following the completion of the testing and examination, the Property shall be returned to its original condition, reasonable wear and tear excepted. 5.5 Seller does not make any warranties or representations regarding the condition of the property or its suitability for County's specific purpose. It is further acknowledged by Seller and County that the property is in as -is condition, and Seller shall not be required to repair or remediate any unfavorable conditions found upon the property, other than title defects as specified further in this Section 5. 6. Default. 6.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 6.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 7. Closing. 7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place twenty (20) days following the expiration of the suitability period, as defined in Section 3.1. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraphs 3 and 4. -3-