1.1 This contract is conditional upon the buyer obtaining a satisfactory Methamphetamine report from a trained technician using the NIOSH Method 9111 (meth on wipes by liquid chromatography – mass spectrometry within fourteen (14) days of the date hereof.
1.2 The seller agrees to permit the technician to enter upon the land for the purpose of carrying out the testing.
1.3 The costs of obtaining such report shall be payable by the buyer.
1.4 The buyer must give notice to the seller in writing on or before the due date that:
1.4.1 The report is not satisfactory to the buyer and the buyer terminates this contract, in which event the deposit is to be refunded in full. The buyer must act reasonably, or
1.4.2 Clause 1 has either been satisfied or waived by the buyer.
1.5 The seller may terminate this contract by notice in writing to the buyer if notice is not given under clause 4 by 5.00pm on the due date. This is the seller’s only remedy for the buyer’s failure to give notice.
1.6 The seller’s right under clause 5 is subject to the buyer’s continuing right to terminate this contract under clause 4.1 or waive the benefit of this condition by giving written notice to the seller of the waiver.