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diesel and other vehicle fluids, vehicle exhaust, office maintenance fluids, tobacco smoke,
<br /> >
<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 dunng 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
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