definiens: , ( as such term is defined in the ASTM S tandard ) terminate this Agreement upon five ( 5 ) day s ’ written notice to Seller . Any damage to the Facilities caus ed by Purchaser and its consultants in conducting a ny such Phase I Environmental Assessment shall be repaired by Pur chaser at its sole cost and expense . In connection with the granting of access to Purchaser to conduct the Phas e I Environmental Assessment, Purchaser represents that it is adequately insured, and will provide certificates o f insurance to Seller prior to exercising its right s of access, which certificates shall designate Seller as an additiona l insured, be primary to any insurance of Seller, a nd waive subrogation . Except to the extent caused by Seller ’ s gross negligence or willful misconduct, Purchaser waives, releases and agrees to defend and indemnify Seller and Seller ’s representatives against all claims for injury to, or death of, Persons or for damage to property arising in any way from the access afforded to Purchaser o r the activities of Purchaser relating to the Phase I Env ironmental Assessment . This waiver, release and ind emnity by Purchaser shall survive termination of this Agreeme nt