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(ii) Inspections and Studies/Costs. For the period of time commencing <br />on the Effective Date and ending at 5:00 p.m. (PST) on the sixty (60) calendar day thereafter <br />("Contingency Period"), Buyer shall have the right to conduct any and all non-destructive <br />inspections, investigations, tests and studies (including, without limitation, investigations with <br />regard to zoning, building codes and other governmental regulations, architectural inspections, <br />engineering tests, economic feasibility studies and soils, seismic and geologic reports, <br />environmental testing and investigations to determine if all needed entitlements can be procured <br />in an acceptable form to develop Buyer's intended development) with respect to the Property as <br />Buyer may elect to make or maintain. Nothing herein shall authorize any subsurface testing or <br />drilling on the Property by Buyer or its environmental consultants unless specifically approved in <br />writing by State, which State may condition or deny in its sole and absolute discretion. The cost <br />of any such inspections, tests and/or studies shall be borne by Buyer. If Buyer desires to conduct <br />invasive testing at the Property, Buyer and State shall enter into State's invasive testing entry <br />license to facilitate such testing. <br />(iii) Right of Entry; Indemnification. Between the Effective Date and <br />the Close of Escrow (provided that Buyer approves the Property prior to the expiration of the <br />Contingency Period), Buyer and Buyer's employees, agents, contractors, subcontractors and <br />consultants (collectively, "Buyer's Representatives") shall have the right to enter upon the <br />Property, at reasonable times during ordinary business hours, upon notice to State at least three <br />(3) business day prior to entry, to perform such non-destructive inspections, investigations, tests <br />and studies. Buyer, in performing its non-destructive inspections, investigations, tests and <br />studies hereunder shall not unreasonably interfere with the operation of the Property, and agrees <br />to coordinate its activities on the Property with State in advance to avoid any such interference. <br />Following any such non-destructive tests or inspections, Buyer agrees to promptly return any <br />portions of the Property damaged or altered by Buyer during such tests or inspections to <br />substantially the same condition which existed prior to such test or inspection. In the event <br />Buyer fails to promptly restore Property in accordance with the preceding sentence, State may, in <br />its sole and absolute discretion, restore the Property and all costs and expenses shall be paid <br />immediately by Buyer upon demand by State. Buyer shall indemnify, defend and hold State, <br />including its agencies, departments, boards, commissions, officers, agents, employees and the <br />Property harmless from any and all claims, damages or liabilities arising out of or resulting from <br />the entry onto or activities upon the Property by Buyer or Buyer's Representatives or liens arising <br />from Buyer's due diligence review of the Property. Prior to entry onto the Property by Buyer or <br />Buyer's Representatives, Buyer shall furnish State with a copy of Buyer's or Buyer's <br />Representatives, as applicable, policy of commercial general liability insurance issued by a <br />financially responsible insurance company (at least an A- VI rating in the most recent edition of <br />Best's Insurance Guide), in form and substance acceptable to State and having limits of no less <br />than $1,000,000 per occurrence for bodily injury and property damage liability combined with a <br />$2,000,000 annual policy aggregate and naming State its officers, agents, and employees as <br />additional insured, covering Buyer's entry on the Property, and Buyer's obligations under this <br />Section 7(a)(iii). <br />(iv) Contingency Period Notice. Prior to the expiration of the <br />Contingency Period, Buyer shall deliver to State and Escrow Holder written notice <br />("Contingency Period Notice") of its approval or disapproval of the Property and the <br />Documents and Materials (as defined in Section 7(a)(viii) below). The failure of Buyer to timely <br />