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Agreement, such consent .obligations arising unde expressly so provide. 17. TIMELY PERFORMANCE shall not relieve or excuse Buyer from'any of its r this Agreement, unless such written consent shall Time is of the essence of this Agreement. 18. SEVERABILITY In the event that any provision of this Agreement is found to be invalid or unenforceable, such determination shall not affect the validity and enforceability of any other provision of this Agreement. 19. RIGHT OF ENTRY 19.1 Buyer and Buyer's Agents may enter on the Property at all reasonable times while this Agreement is in effect to make tests, surveys, studies and inspections in connection with the Property, provided that prior to the exercise of said right and at all times while Buyer or Buyer's agents are present upon the Property, Buyer shall arrange for and keep and maintain in full force and effect a policy of comprehensive general liability insurance with a combined single limit of not less than $2,000,000 per occurrence, and shall furnish to Seller a certificate of such insurance which names Seller as an additional insured and provides that such policy shall not be cancelled or amended without thirty (30) days' prior written notice to Seller. Buyer shall indemnify and defend Seller against, and hold Seller harmless from, any and all liability, cost and expense for 1 oss of or damage to any property or i n jury to or death of any person, arising out of or in any way related to the exercise of the right granted hereunder to enter the Property, unless such liability, cost and expense are caused by the sole, active negligence of Seller. All costs incurred in connection with tests, surveys, studies, inspections, reviews, approvals, determinations and applications made by or on behalf of Buyer under this Agreement or in connection with Buyer's proposed use of the Property shall be paid by Buyer. In the event of the recordation of any claim of lien for materials supplied or labor or professional services performed on behalf of Buyer, Buyer shall promptly satisfy and discharge such lien at Buyer's sole cost and expense upon demand therefor by Seller. 19.2.. Buyer shall provide to Seller a copy of each report, study, regulation or ordinance obtained by Buyer in connection with its approvals under Paragraph 7. In addition, if the purchase and sale of the Property are not consummated for any reason, Buyer shall deliver to Seller free of charge all of the engineering, architectural, financial and other studies, drawings, reports, surveys and similar materials prepared by or on behalf of Buyer with respect to the Property and Buyer's proposed project to the extent Buyer is legally entitled to do so. Document 0044 Page 6 of 8