BY ITS EXECUTION OF THIS AGREEMENT, PURCHASER IS ACTING AS AN AGENT FOR
THE PERMITTED OUTSIDE PARTIES WITH REGARD TO SUCH WAIVER.
(C)
PURCHASER ACKNOWLEDGES THAT SOME OF THE DOCUMENTS MAY HAVE BEEN
PREPARED BY THIRD PARTIES AND MAY HAVE BEEN PREPARED PRIOR TO PROPERTY OWNER'S
OWNERSHIP OF THE PROPERTY. PURCHASER HEREBY ACKNOWLEDGES THAT, EXCEPT AS
EXPRESSLY SET FORTH IN SECTIONS 8.1, 8.2 AND 8.3, SELLER OR SELLER ENTITY HAS
NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE TRUTH,
ACCURACY OR COMPLETENESS OF THE DOCUMENTS OR THE SOURCES THEREOF.
SELLER HAS
NOT UNDERTAKEN ANY INDEPENDENT INVESTIGATION AS TO THE TRUTH, ACCURACY OR
COMPLETENESS OF THE DOCUMENTS AND IS PROVIDING THE DOCUMENTS SOLELY AS AN
ACCOMMODATION TO PURCHASER.
SECTION 5.3
ENTRY AND INSPECTION OBLIGATIONS; TERMINATION OF
AGREEMENT.
(A)
PURCHASER AGREES THAT IN ENTERING UPON AND INSPECTING OR EXAMINING
THE PROPERTY, PURCHASER AND THE OTHER LICENSEE PARTIES WILL NOT: MATERIALLY
DISTURB ANY OF THE SCHWAB PARTIES, OR MATERIALLY INTERFERE WITH THE USE OF THE
PROPERTY PURSUANT TO THE SCHWAB LEASE; MATERIALLY INTERFERE WITH THE OPERATION
AND MAINTENANCE OF THE REAL PROPERTY OR IMPROVEMENTS; DAMAGE ANY PART OF THE
PROPERTY OR ANY PERSONAL PROPERTY OWNED OR HELD BY ANY OF THE SCHWAB PARTIES, OR
ANY OTHER PERSON OR ENTITY; INJURE OR OTHERWISE CAUSE BODILY HARM TO SELLER,
PROPERTY OWNER OR ANY OF THE SCHWAB PARTIES, OR TO ANY OF THEIR RESPECTIVE
AGENTS, GUESTS, INVITEES, CONTRACTORS AND EMPLOYEES, OR TO ANY OTHER PERSON OR
ENTITY; PERMIT ANY LIENS TO ATTACH TO THE REAL PROPERTY BY REASON OF THE
EXERCISE OF PURCHASER'S INSPECTION RIGHTS UNDER THIS ARTICLE V; OR REVEAL OR
DISCLOSE ANY INFORMATION OBTAINED CONCERNING THE PROPERTY AND THE DOCUMENTS TO
ANYONE OUTSIDE PURCHASER'S ORGANIZATION, EXCEPT IN ACCORDANCE WITH THE
CONFIDENTIALITY STANDARDS SET FORTH IN SECTION 5.2(B) AND ARTICLE XII.
PURCHASER SHALL: (I) MAINTAIN (OR CAUSE THE APPROPRIATE LICENSEE PARTIES TO
MAINTAIN) COMPREHENSIVE GENERAL LIABILITY (OCCURRENCE) INSURANCE ON TERMS AND IN
AMOUNTS REASONABLY SATISFACTORY TO SELLER AND WORKERS' COMPENSATION INSURANCE IN
STATUTORY LIMITS, AND IF PURCHASER OR ANY LICENSEE PARTY PERFORMS ANY INVASIVE
PHYSICAL TESTING OR INVASIVE SAMPLING IN ACCORDANCE WITH SECTION 5.1 OF THIS
AGREEMENT, ERRORS AND OMISSIONS INSURANCE AND CONTRACTOR'S POLLUTION LIABILITY
INSURANCE ON TERMS AND IN AMOUNTS ACCEPTABLE TO SELLER, COVERING ANY ACCIDENT OR
EVENT ARISING IN CONNECTION WITH THE PRESENCE OF PURCHASER OR ANY OTHER LICENSEE
PARTY ON THE REAL PROPERTY OR IMPROVEMENTS, AND DELIVER EVIDENCE OF INSURANCE
VERIFYING SUCH COVERAGE TO SELLER PRIOR TO ENTRY UPON THE REAL PROPERTY OR
IMPROVEMENTS; (II) PROMPTLY PAY WHEN DUE THE COSTS OF ALL ENTRY AND INSPECTIONS
AND EXAMINATIONS DONE WITH REGARD TO THE PROPERTY; (III) CAUSE ANY INSPECTION TO
BE CONDUCTED IN ACCORDANCE WITH STANDARDS CUSTOMARILY EMPLOYED IN THE INDUSTRY
AND IN COMPLIANCE WITH ALL GOVERNMENTAL REGULATIONS AND THE EXISTING DEED NOTICE
(AS SUCH TERM IS HEREINAFTER DEFINED); (IV) FURNISH TO SELLER COPIES OF ANY
STUDIES, REPORTS OR TEST RESULTS RECEIVED BY PURCHASER REGARDING THE PROPERTY,
PROMPTLY AFTER SUCH RECEIPT, IN CONNECTION WITH SUCH INSPECTION; AND (V) REPAIR