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required by Seller, whether or not set forth in this Agreement. Any Due Diligence <br />Investigations by the Buyer shall not unreasonably disrupt any then -existing use or <br />occupancy of the Property. <br />(a) Limitations. The Buyer shall not conduct any intrusive or <br />destructive testing of any portion of the Property, other than low volume soil samples, <br />without Seller's prior written consent, Following the conduct of any Due Diligence <br />Investigations on the Property, the Buyer shall restore the Property to substantially its <br />condition prior to the conduct of such Due Diligence Investigations. <br />(b) Indemnity. Buyer agrees to indemnify, defend and hold the <br />Seller, and its officers, employees and agents, harmless from and against all actual <br />damages, judgments, costs, expenses and fees arising from or related to any act or <br />omission of Buyer in performing its Due Diligence Investigations under this Agreement <br />(excluding discovery of any pre-existing conditions at the Property), except to the extent <br />arising out of the negligence or willful misconduct of Seller, its officers, employees or <br />agents. <br />(c) Insurance. Prior to any entry upon the Property by or on <br />behalf of Buyer, Buyer (at Buyer's sole cost and expense) shall provide Seller with a <br />certificate of Buyer's liability insurance policy designating Seller as an additional <br />insured. The foregoing certificate shall evidence that Buyer has obtained a policy or <br />policies of comprehensive general liability and property damage insurance against loss, <br />damage or liability for injury to or death of any person, or loss or damage to property <br />occurring in or about the Property. Such insurance shall include comprehensive <br />general liability coverage for bodily injury and property damage in the amount of at least <br />$1,000,000.00 combined single limit, and shall include automobile liability coverage for <br />bodily injury and property damage in the amount of at least $1,000,000.00 combined <br />single limit. The foregoing policy or policies shall contain a provision that such policy or <br />policies will not be cancelled, reduced in coverage, renewed or otherwise amended in <br />any manner until at least thirty (30) days prior written notice has been given to Seller. <br />Buyer shall see that insurance coverage as provided in this paragraph is maintained <br />throughout the duration of Buyer's right of entry onto the Property. <br />3. REPRESENTATIONS AND WARRANTIES OF PARTIES <br />3.1 Representation and Warranties of Seller <br />Seller makes the following representations and warranties with respect to <br />the Property, each of which shall survive Close of Escrow: <br />(a) The execution and delivery of this Agreement by Seller, <br />Seller's performance hereunder, and the consummation of the transaction contemplated <br />hereby will not constitute a violation of any order or decree or result in the breach of any <br />contract or agreement to which Seller is at present a party or by which Seller is bound; <br />and <br />(b) To Seller's actual knowledge, no litigation and no <br />governmental, administrative or regulatory act or proceeding regarding the <br />5207.01 -PSA -111218R <br />20D-11 <br />