Common use of Soil Tests Clause in Contracts

Soil Tests. 28. The Purchaser shall have the right to take soil tests on the condition that the Purchaser restore the Lands to their original condition and within the time herein set out for examining the title to the Lands. In the event that the soil tests disclose a material presence of pollutants, the Purchaser may during such period, so notify the Municipality, which shall then have the option of removing the pollutants prior to closing or cancelling this Agreement and returning the deposit monies without further obligation or liability. Failing the Purchaser conducting such tests within such time or failing the Purchaser notifying the Municipality of any pollutants found in the soil within the aforesaid time limit, this Agreement shall be fully enforceable against the Purchaser notwithstanding such failure to examine the soil or failure to notify the Municipality of any found pollutants and the Purchasers shall be deemed conclusively to have accepted the Lands on an “As Is Where Is” basis. LEGAL FEES