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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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