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as deemed appropriate under the circumstances and for this Property. If Buyer obtains a Phase 1 Environmental Audit deeming it necessary to obtain a Phase II Environmental Audit, Buyer will be granted an additional forty-five(45) day extension to the Inspection Period and Closing Date to complete same. During the extended period for a Phase II Environmental Audit, Buyer may only terminate this contract for reasons identified in the Phase 11 Environmental Audit in Buyer's discretion. In order to avail itself of this extension, Buyer, prior to the end of the Inspection Period, must deliver written notice to Seller of the need for the extension and a copy of the Phase I Environmental Audit recommending the Phase II Environmental Audit. Buyer shall indemnify, defend and hold Seller harmless from any claims for injury or damage to persons or property caused and/or suffered by Buyer and/or any party accessing the Property at the request of or on the behalf or benefit of Buyer ("Buyer Parties" while accessing the Property. Buyer shall, and shall cause the Buyer Parties to, carry liability insurance with limits of not less than $1,000,000 per occurrence and provide certificates of insurance to Seller prior to the entry of the Property, 4.2 Termination. Buyer, at any time during the Inspection Period and in its sole discretion and for any reason whatsoever, shall be entitled to terminate this Agreement. In such event, Buyer shall provide a written cancellation notice by mail, email or facsimile to Seller and/or Seller's counsel and receive the immediate refund of all deposit monies paid to date. Upon such termination, the Escrow Agent shall be authorized to deliver the deposit monies, together with any interest earned, if any, as directed by the Buyer, and the parties shall have no further rights or obligations pursuant to this Agreement. In such event, Escrow Agent shall be entitled to rely solely upon Buyer's instructions, and Seller shall not be entitled to object to the disbursement of the Escrow Deposit. 4.3 Restoration. Buyer shall restore any damage to the Property caused by Buyer's inspection of the Property except in the event of any gross negligence or misconduct by Seller or its agents. Notwithstanding anything contained herein to the contrary, Buyer shall not indemnify or hold Seller harmless with respect to, and Buyer shall not be required to, remove, remediate, dispose or otherwise deal with any "Hazardous Substance", sampling derived from the Property containing Hazardous Substances which it finds in connection with its Due Diligence Investigations of the Property. 5. Representations of the Seller. 5.1 Seller is indefeasibly seized of marketable, fee simple title to the Properties, and is the sole owner of and has good right, title, and authority to convey and transfer the Properties which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 3