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 THE PROPERTY, OR (II) THE EXPIRATION OF FIVE (5)
CALENDAR DAYS AFTER THE EFFECTIVE DATE.
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 DEED TO PURCHASER.
3.5
PROPERTY MATERIALS.
3.5.1
WITHIN THREE (3) CALENDAR 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) AND HAVE NOT BEEN HERETOFORE PROVIDED BY SELLER TO
PURCHASER, SELLER AGREES TO MAKE THE DOCUMENTS SET FORTH ON SCHEDULE 3 (THE
"MATERIALS") 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 3-DAY PERIOD, SELLER MAY DELIVER SOME OR ALL OF THE
MATERIALS TO PURCHASER, OR MAKE THE SAME AVAILABLE TO PURCHASER ON A SECURE WEB
SITE (PURCHASER AGREES THAT ANY ITEM TO BE DELIVERED BY SELLER UNDER THIS
CONTRACT SHALL BE DEEMED DELIVERED TO THE EXTENT AVAILABLE TO PURCHASER ON SUCH
SECURED WEB SITE).
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 THREE
(3) 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.
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 BE RETURNED BY PURCHASER TO SELLER (OR THE DESTRUCTION THEREOF SHALL BE
CERTIFIED IN WRITING BY PURCHASER TO SELLER) AS A CONDITION TO RETURN OF THE
DEPOSIT TO PURCHASER (IF PURCHASER IS OTHERWISE ENTITLED TO SUCH DEPOSIT
PURSUANT TO THE TERMS OF THIS CONTRACT) IF THIS CONTRACT IS TERMINATED FOR ANY
REASON.
PURCHASER SHALL NOT IN ANY WAY BE ENTITLED TO RELY UPON THE ACCURACY OF
SUCH INFORMATION AND MATERIALS.
PURCHASER RECOGNIZES AND AGREES THAT THE
MATERIALS AND OTHER DOCUMENTS AND INFORMATION DELIVERED OR MADE AVAILABLE