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5.2 License. Seller hereby grants Buyer and its agents, consultants, contractors,
<br />subcontractors, employees, representatives, and attorneys (collectively, "Buyer's Agents") a
<br />license and permission to enter upon, over, under and/or across the Property in order to conduct
<br />visual inspections, physical testing, air samplings, borings, and other samplings, including but not
<br />limited to, observing and documenting the Property's as -built conditions, exposing and
<br />documenting hidden conditions at the Property, by limited removal of interior non -historic fixtures
<br />and finishes, performing certain non-destructive testing of materials at the Property, extracting
<br />concrete core samples in interior non -historically sensitive locations, in connection with the
<br />proposed rehabilitation and reuse of the Property ("Inspections"). The Inspections shall be
<br />completed at Buyer's sole cost and expense. Buyer or Buyer's Agent shall contact Seller within
<br />one (1) day prior to the time of actual entry onto the Property and provide notice of the date and
<br />time when entry will be made. Seller may refuse access to Buyer if it would be unsafe or
<br />inappropriate, in Seller's reasonable discretion, for Buyer or Buyer's Agents to be on the Property
<br />at the desired time. Seller shall make the Property available as soon as reasonably practical
<br />thereafter. The license and permission to enter upon, over, under and/or across the Property shall
<br />commence on the Effective Date and shall expire upon Close of Escrow or termination of this
<br />Agreement.
<br />5.3 Limitations. The Buyer shall not conduct any intrusive or destructive
<br />testing of any portion of the Property, other than low volume soil samples, without the Seller's
<br />prior written consent, which shall not be unreasonably withheld or delayed. Following the conduct
<br />of any Inspections on the Property, the Buyer shall restore the Property to substantially its
<br />condition prior to the conduct of such Inspections.
<br />5.4 Insurance. Prior to entry onto the Property, Buyer shall secure, or shall
<br />require its contractors, if any, to secure an insurance policy or policies, as described below.
<br />5.4.1 Notwithstanding any inconsistent statement in the insurance policy
<br />or any subsequent endorsement attached thereto, the protection afforded by these policies shall be
<br />written on an occurrence basis in which Seller, and its respective elected and appointed officials,
<br />officers, employees, agents and representatives (together, "Additional Insureds") are named as
<br />additional insureds on all coverage, except for workers' compensation coverage, and shall (on or
<br />prior to the Effective Date, Seller shall provide to Buyer the complete legal names of all Additional
<br />Insureds):
<br />(a) Name Additional Insureds as additional insureds on a
<br />Commercial General Liability policy;
<br />(b) Provide a combined single limit of broad form commercial
<br />general liability insurance in the amount of Two Million Dollars ($2,000,000) per
<br />occurrence, which will be considered equivalent to the required minimum limits, and such
<br />insurance shall (i) be written on an occurrence form, (ii) be written with a primary policy
<br />form with limits of not less than $1,000,000 per occurrence; (iii) be written with one or
<br />more excess layers to bring the total of primary and excess coverage limits to not less than
<br />$2,000,000 per occurrence, (iv) not be written with a deductible greater than $25,000 per
<br />occurrence, (v) contain a waiver of subrogation in favor of Seller;
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