MAINTAIN AND CAUSE ITS THIRD PARTY
CONSULTANTS TO MAINTAIN (A) CASUALTY INSURANCE AND COMMERCIAL GENERAL LIABILITY
INSURANCE WITH COVERAGES OF NOT LESS THAN $1,000,000.00 FOR INJURY OR DEATH TO
ANY ONE PERSON AND $3,000,000.00 FOR INJURY OR DEATH TO MORE THAN ONE PERSON AND
$1,000,000.00 WITH RESPECT TO PROPERTY DAMAGE, AND (B) WORKER'S COMPENSATION
INSURANCE FOR ALL OF THEIR RESPECTIVE EMPLOYEES IN ACCORDANCE WITH THE LAW OF
THE STATE IN WHICH THE PROPERTY IS LOCATED.
PURCHASER SHALL DELIVER PROOF OF
THE INSURANCE COVERAGE REQUIRED PURSUANT TO THIS SECTION 3.4.2 TO SELLER (IN THE
FORM OF A CERTIFICATE OF INSURANCE) PRIOR TO THE EARLIER TO OCCUR OF (I)
PURCHASER'S OR PURCHASER'S CONSULTANTS' ENTRY ONTO ANY OF THE PROPERTY, OR (II)
THE EXPIRATION OF 5 DAYS AFTER THE EFFECTIVE DATE.
3.4.3
THE PROVISIONS OF THIS SECTION 3.4 SHALL SURVIVE THE TERMINATION OF
THIS CONTRACT, AND IF NOT SO TERMINATED, THE CLOSING AND DELIVERY OF THE DEEDS
TO PURCHASER.
3.5
PROPERTY MATERIALS.
3.5.1
WITHIN 5 DAYS AFTER THE EFFECTIVE DATE, AND TO THE EXTENT THE SAME
EXIST AND ARE IN SELLER'S POSSESSION OR REASONABLE CONTROL (SUBJECT TO SECTION
3.5.2), SELLER AGREES TO MAKE THE DOCUMENTS SET FORTH ON SCHEDULE 3.5 (THE
"MATERIALS") RELATING TO THE PROPERTY AVAILABLE AT THE PROPERTY FOR REVIEW AND
COPYING BY PURCHASER AT PURCHASER'S SOLE COST AND EXPENSE.
IN THE ALTERNATIVE,
AT SELLER'S OPTION AND WITHIN THE FOREGOING 5-DAY PERIOD, SELLER MAY DELIVER
SOME OR ALL OF ITS MATERIALS TO PURCHASER.
TO THE EXTENT THAT PURCHASER
DETERMINES THAT ANY OF THE MATERIALS HAVE NOT BEEN MADE AVAILABLE OR DELIVERED
TO PURCHASER PURSUANT TO THIS SECTION 3.5.1, PURCHASER SHALL NOTIFY SELLER AND
SELLER SHALL USE COMMERCIALLY REASONABLE EFFORTS TO DELIVER THE SAME TO
PURCHASER WITHIN 5 BUSINESS DAYS AFTER SUCH NOTIFICATION IS RECEIVED BY SELLER;
PROVIDED, HOWEVER, THAT UNDER NO CIRCUMSTANCES WILL THE FEASIBILITY PERIOD BE
EXTENDED AND PURCHASER'S SOLE REMEDY WILL BE TO TERMINATE THIS CONTRACT PURSUANT
TO SECTION 3.2.
IN ADDITION TO THE ITEMS SET FORTH ON SCHEDULE 3.5, NO LATER
THAN 5 DAYS AFTER THE EFFECTIVE DATE, SELLER SHALL DELIVER TO PURCHASER (OR
OTHERWISE MAKE AVAILABLE TO PURCHASER AS PROVIDED UNDER THIS SECTION 3.5.1) RENT
ROLLS FOR THE PROPERTY LISTING THE MOVE-IN DATE, MONTHLY BASE RENT PAYABLE,
LEASE EXPIRATION DATE AND UNAPPLIED SECURITY DEPOSIT FOR EACH LEASE (EACH A
"RENT ROLL" AND COLLECTIVELY, THE "RENT ROLLS").
THE RENT ROLLS SHALL BE PART
OF THE MATERIALS FOR ALL PURPOSES UNDER THIS CONTRACT AND SELLER MAKE NO
REPRESENTATIONS OR WARRANTIES REGARDING THE RENT ROLLS OTHER THAN THE EXPRESS
REPRESENTATION SET FORTH IN SECTION 6.1.7.
SELLER SHALL UPDATE THE RENT ROLLS
IN ACCORDANCE WITH SECTION 5.2.13.
3.5.2
IN PROVIDING SUCH INFORMATION AND MATERIALS TO PURCHASER, OTHER
THAN SELLER'S REPRESENTATIONS, SELLER MAKES NO REPRESENTATION OR WARRANTY,
EXPRESS, WRITTEN, ORAL, STATUTORY, OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND
WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.
ANY INFORMATION AND
MATERIALS PROVIDED BY SELLER TO PURCHASER UNDER THE TERMS OF THIS CONTRACT IS
FOR INFORMATIONAL PURPOSES ONLY AND, TOGETHER WITH ALL THIRD-PARTY REPORTS,
SHALL