America Online 2010 Annual Report Download - page 142

(vi) Contracts and any other documents or agreements of significance affecting the Property;
(vii) all matters that would be revealed by an environmental site assessment of the Property by a company mutually agreed to by Purchaser and
Seller, an ALTA as-built survey, or a physical inspection; and
(viii) the Leases with respect to the Real Property and all matters in connection therewith, including, without limitation, the ability of the tenants
to pay rent;
(ix) all other matters of significance affecting, or otherwise deemed relevant by Purchaser with respect to, the Property,
subject to, and on, the following terms and conditions:
4.2.1 Notice. Except with respect to Invasive Investigations (as defined in Section 4.2.5 below), which require Purchaser to follow the procedure set
forth in Section 4.2.5 below, Purchaser shall give Seller not less than one (1) business day's prior written or telephonic notice before each entry,
including sufficient information to permit Seller to review the scope of the proposed Investigations;
4.2.2 Supervision. Seller shall have the right to accompany Purchaser and its agents, employees or contractors (collectively "Purchaser's
Representatives") during any Investigations performed at or on the Property;
4.2.3 Timing and Manner of Investigation. Purchaser shall conduct the Investigations at the Property on business days during normal business hours
unless otherwise agreed in writing, and at the sole risk and expense of Purchaser and Purchaser's Representatives;
4.2.4 Certificate of Insurance. Purchaser (and Purchaser's Representatives, as applicable) shall maintain in full force and effect and has delivered to
Seller certificates of insurance evidencing the following coverage: (i) Commercial General Liability insurance with limits of no less than $1
million per occurrence and $2 million annual aggregate for claims due to bodily injury (including death) or property damage caused by or arising
from acts or omissions of Purchaser and Purchaser's Representatives; (ii) Workers' Compensation insurance in compliance with all statutory
requirements; and (iii) Umbrella Liability insurance with limits of no less than $5 million per occurrence and $5 million as an annual aggregate.
The Commercial General Liability policy should include coverage for premises and operations, products and completed operations, broad form
property damage and blanket contractual liability. All coverage shall be provided by insurance companies with a current Best's Rating of A-:VII
or higher.
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