Nature of Donation. Xxxxx is giving and donating the Land to Donee as an unrestricted gift. Donee is a Minnesota municipal corporation that is authorized to accept the donation pursuant to Minnesota Statutes § 412.211. From the Effective Date until the Date of Closing or the termination of this Agreement, whichever occurs first, Donee and its agents shall have the right to go upon the Property to inspect it and perform environmental, geotechnical, and other testing. Xxxxx agrees to cooperate with Xxxxx regarding Xxxxx’s investigation and testing, if any. Xxxxx agrees to repair any damage to the Property caused by such inspections and testing and to return the Property to substantially the same condition as existed prior to Donee’s inspection and testing. Donee’s obligations under this Agreement are contingent on: i) Donee being satisfied, on or before the Date of Closing, with the state of title to the Property; ii) Donee being satisfied, on or before the Date of Closing, with the results of its physical inspection of the Property; and iii) all of the representations and warranties made by Donor in Section 8 below being true as of the Closing Date. If any contingency is not satisfied on or before the Date of Closing, Donee may terminate this Agreement by giving written notice of termination to Donor. Failure of Donee to give Donor written notice of termination on or before the Date of Closing constitutes Donee’s waiver of such contingencies.
