As stated, the building permit was granted, and on the basis of which the agreement was perfected, includes a "hidden condition" - a commitment by the permit applicant not to begin the construction of the gas station "before the completion of the land survey and the receipt of the approval of the Ministry of Environmental Protection that there are no additional requirements regarding the contamination of the land in the lot." In other words, until the approval of the Ministry of Environmental Protection is obtained, the building permit is not sufficient, the construction cannot be carried out, and additional actions must be taken to complete the requirements of the Ministry of Environmental Protection. In terms of the distribution of risks according to the agreement, this is the condition that the defendant had to complete before receiving the permit and not afterwards. The risk taken upon themselves by the purchasers is a completely different risk, and it is their responsibility to bear all the actions and measures required to treat contaminated land after the completion of the survey and obtaining the approval of the Ministry of Environmental Protection. In this regard, the parties did not determine in the agreement what would happen if the results of the land survey showed that the land was contaminated and that there was no obligation on the part of the defendant to bear the cost of removing the contaminated land (see in this regard, Kalfon's interrogation, pp. 53-54).
Therefore, the defendant had to carry out all the actions involved in completing the land survey and obtaining the approval of the Ministry of Environmental Protection.
A summary of the actions carried out by the Green Wave Company on behalf of the plaintiffs shows that in May 2018 a report summarizing the findings of the land survey was submitted, and about a month later, the Ministry of Environmental Protection demanded that additional tests be conducted. After these were carried out, the Ministry demanded in July 2018 that a supplementary survey be conducted. In August 2018, the supplementary survey was carried out, accompanied by a representative of the Ministry of Environmental Protection. In October, the survey was submitted. Subsequently, the Land Division of the Ministry of Environmental Protection decided that the Ministry's Waste Division needed to address the sludge that was discovered in the southern area of the land. Subsequently, a demand was received to remove a significant volume of the same sludge. Later, the ministry agreed to expand the investigation of the land in order to reduce the eviction requirement. On April 30, 2019, approval was given to the documents submitted by the Green Wave Company, and confirmation was also given that no additional approvals are needed in connection with the land that was found to be clean.