AND ALL INVASIVE
TESTS (INCLUDING ANY PHASE II ENVIRONMENTAL STUDY) PERFORMED BY PURCHASER OR
PURCHASER'S CONSULTANTS CONFIDENTIAL IN ALL RESPECTS AND PURCHASER SHALL BE
STRICTLY PROHIBITED FROM DISCLOSING SUCH RESULTS, FINDINGS, DETERMINATIONS AND
CONCLUSIONS TO ANY PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, SELLER OR
SELLER'S INDEMNIFIED PARTIES UNLESS OTHERWISE REQUESTED IN WRITING BY SELLER OR
SELLER'S INDEMNIFIED PARTIES.
NOTHING CONTAINED IN THE FOREGOING SENTENCE IS
INTENDED TO LIMIT THE PROVISIONS SET FORTH IN SECTION 13.13 HEREOF.
FURTHER,
SELLER SHALL HAVE THE RIGHT, WITHOUT LIMITATION, TO DISAPPROVE ANY AND ALL
ENTRIES, SURVEYS, TESTS (INCLUDING, WITHOUT LIMITATION, A PHASE II ENVIRONMENTAL
STUDY OF THE PROPERTY), INVESTIGATIONS AND OTHER MATTERS THAT IN SELLER'S
REASONABLE JUDGMENT COULD RESULT IN ANY INJURY TO THE PROPERTY OR BREACH OF ANY
CONTRACT, OR EXPOSE SELLER TO ANY LOSSES OR VIOLATION OF APPLICABLE LAW, OR
OTHERWISE ADVERSELY AFFECT THE PROPERTY OR SELLER'S INTEREST THEREIN.
PURCHASER
SHALL, AT PURCHASER'S SOLE COST AND EXPENSE, AND IN ACCORDANCE WITH ALL
APPLICABLE ENVIRONMENTAL LAWS, DISPOSE OF ALL HAZARDOUS MATERIALS WHICH HAVE
BEEN SPECIFICALLY REMOVED FROM OR AT THE PROPERTY BY PURCHASER OR ITS AGENTS,
REPRESENTATIVES, EMPLOYEES OR DESIGNEES IN CONNECTION WITH PURCHASER'S
ENVIRONMENTAL STUDIES.
PURCHASER SHALL USE REASONABLE EFFORTS TO MINIMIZE
DISRUPTION TO TENANTS IN CONNECTION WITH PURCHASER'S OR ITS CONSULTANTS'
ACTIVITIES PURSUANT TO THIS SECTION.
NO CONSENT BY SELLER TO ANY SUCH ACTIVITY
SHALL BE DEEMED TO CONSTITUTE A WAIVER BY SELLER OR ASSUMPTION OF LIABILITY OR
RISK BY SELLER.
PURCHASER HEREBY AGREES TO RESTORE, AT PURCHASER'S SOLE COST
AND EXPENSE, THE PROPERTY TO THE SAME CONDITION EXISTING IMMEDIATELY PRIOR TO
PURCHASER'S EXERCISE OF ITS RIGHTS PURSUANT TO THIS ARTICLE III.
PURCHASER
SHALL 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 PURCHASER'S OR PURCHASER'S CONSULTANTS' ENTRY ONTO THE
PROPERTY.
3.5
PROPERTY MATERIALS.
3.5.1
WITHIN 3 BUSINESS DAYS AFTER THE EFFECTIVE DATE, AND TO THE EXTENT THE
SAME HAVE NOT ALREADY BEEN PROVIDED BY SELLER TO PURCHASER, SELLER AGREES TO
DELIVER TO PURCHASER, OR AT SELLER'S OPTION, IMMEDIATELY FOLLOWING THE EFFECTIVE
DATE, MAKE AVAILABLE AT THE PROPERTY, COPIES OF SUCH DOCUMENTS AND INFORMATION
CONCERNING THE PROPERTY THAT ARE IN SELLER'S POSSESSION OR REASONABLE CONTROL,
INCLUDING SPECIFICALLY, THE LEASES, THE ASSOCIATED LEASE FILES, AND ALL OF
SELLER'S PROPERTY-RELATED FILES AND RECORDS (AS HEREINAFTER DEFINED) (EXCLUDING
KEYS TO THE PROPERTY) AND ALL OTHER RELATED ITEMS, OTHER THAN SUCH DOCUMENTS AND
INFORMATION THAT SELLER DEEMS TO BE CONFIDENTIAL OR PROPRIETARY (COLLECTIVELY,
THE "MATERIALS"), UNLESS SUCH DOCUMENTS AND INFORMATION ARE DEEMED BY SELLER