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