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upon reasonable prior Notice (a minimum of twenty-four (24) hours) to Seller. The scope of the inspection contemplated herein shall be determined by Buyer as deemed appropriate under the circumstances and for this Property. This Agreement is contingent upon Buyer, at Buyer's sole cost and expense, obtaining and accepting a Phase I Environmental Audit satisfactory to Buyer and, if deemed necessary at its discretion, a Phase II Environmental Audit for which it will be granted an additional thirty (30) day extension to the Inspection Period and Closing Date. 4.1 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 along with a copy of all inspection reports and test results to Seller and/or Seller's counsel and receive the immediate refund of all deposit monies paid to date. Upon such receipt of the inspection reports/test results and cancellation notice , 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. Buyer shall have up to 15 days after receipt of the cancellation notice to provide the inspection reports / test results. Release of the deposit shall not be contingent upon anything within the reports/results but solely on the receipt of same by Seller and /or Seller's counsel. 4.2 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. 5.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Properties, and shall record no documents in the Public Records which would affect title to the Properties, without the prior written consent of the Buyer. 3