INFORMATION RELATING TO THE PROPERTY OF WHICH PURCHASER BECOMES
AWARE, WHETHER AS A RESULT OF ADDITIONAL DUE DILIGENCE OR OTHERWISE, EXCEPT AS
OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT.
SUBJECT TO THE PROVISIONS OF
SECTION 2(B), PURCHASER AND ITS AGENTS, EMPLOYEES, CONSULTANTS, INSPECTORS,
APPRAISERS, ENGINEERS AND CONTRACTORS (COLLECTIVELY REFERRED TO AS THE
"PURCHASER'S REPRESENTATIVES") SHALL HAVE THE RIGHT, THROUGH THE CLOSING DATE,
FROM TIME TO TIME, UPON THE ADVANCE NOTICE REQUIRED PURSUANT TO SECTION 2(B), TO
ENTER UPON AND PASS THROUGH THE PREMISES DURING NORMAL BUSINESS HOURS TO EXAMINE
AND INSPECT THE SAME.
(B)
IN CONDUCTING ANY INSPECTION OF THE PREMISES OR ADDITIONAL DUE
DILIGENCE REVIEW (IT BEING UNDERSTOOD AND AGREED THAT EXCEPT AS EXPRESSLY SET
FORTH IN THIS AGREEMENT, NOTHING RAISED, DISCLOSED OR REFLECTED DURING SUCH
ADDITIONAL REVIEW SHALL GIVE PURCHASER ANY ADDITIONAL RIGHTS HEREUNDER,
INCLUDING, WITHOUT LIMITATION, THE RIGHT TO TERMINATE THIS AGREEMENT), NEITHER
PURCHASER NOR ANY OF PURCHASER'S REPRESENTATIVES SHALL:
(A) CONTACT OR HAVE ANY
DISCUSSIONS WITH ANY OF SELLER'S EMPLOYEES, AGENTS OR REPRESENTATIVES, OR WITH
ANY TENANTS AT, OR CONTRACTORS
2
PROVIDING SERVICES TO, THE PREMISES, UNLESS IN EACH CASE PURCHASER OBTAINS THE
PRIOR CONSENT OF SELLER, (B) INTERFERE WITH THE BUSINESS OF SELLER CONDUCTED AT
THE PREMISES OR ANY TENANT THEREIN OR THE EQUIPMENT OR SERVICES LOCATED THEREAT,
(C) DAMAGE THE PREMISES OR ANY PORTION THEREOF OR (D) CONDUCT ANY PHYSICAL OR
INVASIVE TEST OR PROCEDURE ON OR AT THE PREMISES.
IN CONDUCTING THE FOREGOING
INSPECTION, PURCHASER AND PURCHASER'S REPRESENTATIVES SHALL AT ALL TIMES COMPLY
WITH, AND SHALL BE SUBJECT TO, ALL OTHER TERMS, COVENANTS AND CONDITIONS OF THIS
AGREEMENT.
SELLER MAY FROM TIME TO TIME ESTABLISH REASONABLE RULES OF CONDUCT
FOR PURCHASER AND PURCHASER'S REPRESENTATIVES IN FURTHERANCE OF THE FOREGOING.
PURCHASER SHALL SCHEDULE AND COORDINATE ALL INSPECTIONS WITH SELLER AND SHALL
GIVE SELLER AT LEAST TWO (2) BUSINESS DAYS' PRIOR NOTICE THEREOF.
SELLER SHALL
BE ENTITLED TO HAVE A REPRESENTATIVE PRESENT AT ALL TIMES DURING EACH SUCH
INSPECTION.
PURCHASER AGREES TO PAY TO SELLER ON DEMAND THE COST OF REPAIRING
AND RESTORING ANY DAMAGE OR DISTURBANCE, WHICH PURCHASER OR PURCHASER'S
REPRESENTATIVES SHALL CAUSE TO THE PREMISES OR ANY PORTION THEREOF.
ALL
INSPECTION FEES, APPRAISAL FEES, ENGINEERING FEES AND OTHER COSTS AND EXPENSES
OF ANY KIND INCURRED BY PURCHASER OR PURCHASER'S REPRESENTATIVES RELATING TO
SUCH INSPECTION OF THE PREMISES AND ITS OTHER DUE DILIGENCE SHALL BE AT THE SOLE
EXPENSE OF PURCHASER.
IN THE EVENT THAT THE CLOSING HEREUNDER SHALL NOT OCCUR
FOR ANY REASON (OTHER THAN A DEFAULT ON THE PART OF SELLER), PURCHASER SHALL
DELIVER TO SELLER, AT NO COST TO SELLER AND WITHOUT REPRESENTATION OR WARRANTY,
COPIES OF ALL TESTS, REPORTS AND INSPECTIONS OF THE PREMISES MADE AND CONDUCTED
BY PURCHASER OR PURCHASER'S REPRESENTATIVES OR FOR PURCHASER'S BENEFIT WHICH ARE
IN THE POSSESSION OR CONTROL OF PURCHASER OR PURCHASER'S REPRESENTATIVES.
WITHOUT LIMITING THE FOREGOING, PURCHASER AND PURCHASER'S REPRESENTATIVES SHALL
NOT BE PERMITTED TO CONDUCT BORINGS OF THE PREMISES OR DRILLING IN OR ON THE
PREMISES.
FOR PURPOSES OF THIS AGREEMENT, "BUSINESS