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
PURCHASER ACKNOWLEDGES THAT PRIOR TO THE EFFECTIVE DATE, AND TO THE
EXTENT THE SAME EXIST AND ARE IN SELLER'S, SELLER'S AGENTS' OR SELLER'S
EMPLOYEES' POSSESSION OR REASONABLE CONTROL (SUBJECT TO SECTION 3.5.2),
PURCHASER HAS RECEIVED FROM SELLER THE DOCUMENTS SET FORTH ON SCHEDULE 3.5
(TOGETHER WITH ANY OTHER DOCUMENTS OR INFORMATION PROVIDED BY SELLER OR ITS
AGENTS TO PURCHASER WITH RESPECT TO THE PROPERTY, THE "MATERIALS").
SELLER ALSO
AGREES TO PROMPTLY DELIVER TO PURCHASER ANY ADDITIONAL NON-PROPRIETARY
DOCUMENTS, TESTS, STUDIES, REPORTS AND THE LIKE, REASONABLY REQUESTED BY
PURCHASER FROM TIME TO TIME, TO THE EXTENT THE SAME EXIST AND ARE IN SELLER'S
POSSESSION OR REASONABLE CONTROL OR IN THE POSSESSION OR REASONABLE CONTROL OF
ANY OF ITS AGENTS OR EMPLOYEES OR READILY ACCESSIBLE OR AVAILABLE TO SELLER
(SUBJECT TO SECTION 3.5.2) AND HAVE NOT BEEN HERETOFORE PROVIDED BY SELLER TO
PURCHASER.
TO THE EXTENT THAT PURCHASER DETERMINES THAT ANY OF THE ADDITIONAL
REQUESTED 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.
3.5.2
IN PROVIDING THE 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.
ALL MATERIALS ARE PROVIDED 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) IF THIS CONTRACT IS TERMINATED FOR ANY
REASON.
RECOGNIZING THAT THE MATERIALS DELIVERED OR MADE AVAILABLE BY SELLER
PURSUANT TO THIS CONTRACT MAY NOT BE COMPLETE OR CONSTITUTE ALL OF SUCH
DOCUMENTS WHICH ARE IN SELLER'S POSSESSION OR CONTROL, BUT ARE THOSE THAT ARE
READILY AND REASONABLY AVAILABLE TO SELLER, PURCHASER SHALL NOT IN ANY WAY BE
ENTITLED TO RELY UPON THE COMPLETENESS OR ACCURACY OF THE MATERIALS AND WILL
INSTEAD IN ALL INSTANCES RELY EXCLUSIVELY ON ITS OWN INSPECTIONS AND CONSULTANTS
WITH RESPECT TO ALL MATTERS WHICH IT DEEMS RELEVANT TO ITS DECISION TO ACQUIRE,
OWN AND OPERATE THE PROPERTY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN.
3.6
PROPERTY CONTRACTS.
On or before the expiration of the Feasibility Period, Purchaser may deliver
written notice to Seller (the "Property Contracts Notice") specifying any
Property Contracts which Purchaser desires to terminate at the Closing (the
"Terminated Contracts"); provided that (a)