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diesel and other vehicle fluids, vehicle exhaust, office maintenance fluids, tobacco smoke, <br />methane and building materials containing chemicals, such as formaldehyde. By execution of <br />this Agreement, Buyer acknowledges that the notices and warnings set forth above satisfy the <br />requirements of California Health and Safety Code Section 25359.7 and related statutes. <br />4.4 Entry and Indemnity <br />Within five (5) business days after the Agreement Date, City shall provide Buyer, <br />without representation or warranty of any kind whatsoever, with any reports, studies and other <br />related information in its possession that are known to Rosanna Russell, Director of Real Estate <br />Services Division of the SFPUC, and that reasonably relate to the Property, but excluding any of <br />City's internal memoranda or reports, any privileged or confidential information, and City's <br />appraisals of the Property. During the Contingency Period, Buyer may conduct such due <br />diligence activities, inspections, and studies of the Property as it deems necessary or appropriate, <br />and examine and investigate to its full satisfaction all facts, circumstances, and matters relating <br />to the Property. In connection with any entry by Buyer or its Agents (as defined in Section 10.8 <br />below) onto the Property, Buyer shall give City reasonable advance written notice of such entry <br />and shall conduct such entry and any inspections so as to minimize, to the extent possible, <br />interference with uses being made of the Property and otherwise in a manner and on terms and <br />conditions acceptable to City. All entries by Buyer or its Agents onto the Property to perform <br />any testing or other investigations that could affect the physical condition of the Property <br />(including, without limitation, soil borings) or the use of the Property will be made only pursuant <br />to the terms and conditions of a permit to enter in form and substance satisfactory to City. <br />Without limiting the foregoing, prior to any entry to perform any on -site testing, Buyer shall give <br />City written notice of such proposed entry, including the identity of the company or persons who <br />will perform such testing, the precise time and location of the testing, and the proposed scope of <br />the testing. City may approve, disapprove, or condition and limit the proposed testing, at City's <br />sole discretion, within ten (10) business days after receipt of such notice. If Buyer or its Agents, <br />employees or contractors take any sample from the Property in connection with any approved <br />testing, Buyer shall provide to City a portion of such sample being tested to allow City, if it so <br />chooses, to perform its own testing. City or its representative may be present to observe any <br />testing or other inspection performed on the Property. Buyer shall promptly deliver to City <br />copies of any reports relating to any testing or other inspection of the Property performed by <br />Buyer or its Agents, employees or contractors, but shall not deliver copies of any such reports to <br />any other person or entity without City's prior written approval, unless required by law. Buyer <br />shall keep all test results and information strictly confidential, unless required by law. In <br />connection with any entry onto or testing of the Property, Buyer shall comply with all applicable <br />laws, ordinances, rules, regulations, orders and the like issued or promulgated by any local, state, <br />or federal governmental agency. <br />Buyer shall maintain, and shall require that its Agents maintain, public liability and <br />property damage insurance in amounts and in form and substance adequate to insure against all <br />liability of Buyer and its Agents arising out of any entry or inspection of the Property in - <br />connection with the transaction contemplated by this Agreement, and Buyer shall provide City <br />with evidence of such insurance coverage upon City's request. <br />To the fullest extent permitted under law, Buyer shall indemnify, defend and hold <br />harmless City, its Agents, and each of them, from and against any liabilities, costs, damages, <br />losses, liens, claims and expenses (including, without limitation, reasonable fees of attorneys, <br />experts and consultants and related costs) (collectively, "Claims") arising out of or relating to <br />any entry on, under or about the Property by Buyer, its Agents, contractors and subcontractors in <br />performing the inspections, testings or inquiries provided for in this Agreement, whether prior to <br />the date of this Agreement or during its term, including, without limitation, any injuries or deaths <br />to any persons (including, without limitation, Buyer's Agents) and damage to any property, from <br />any cause whatsoever. The foregoing indemnity shall survive beyond the Closing, or, if the sale <br />is not consummated, beyond the termination of this Agreement. <br />4 <br />