America Online 2010 Annual Report Download - page 143

4.2.5 Invasive Investigations. Neither Purchaser nor Purchaser's Representatives shall conduct or allow any physically intrusive testing ("Invasive
Investigations") of, on or under the Property, including, without limitation, any drilling or other ground penetrations or physical sampling,
without first providing Seller with three (3) business days' notice, along with sufficient information to permit Seller to review the timing and
scope of the work to be performed and obtaining Seller's prior written consent, which consent shall not be unreasonably withheld;
4.2.6 Restoration. Purchaser shall promptly repair any damage to the Property resulting from any Investigations and replace, refill and regrade any
holes made in, or excavations of, any portion of the Property used for such Investigations so that the Property shall be contemporaneously
restored to substantially the same condition that it existed in prior to such Investigations;
4.2.7 Compliance with Law. Purchaser and Purchaser's Representatives shall fully comply with all laws, rules and regulations applicable to the
Investigations and all other activities undertaken in connection with any such Investigations;
4.2.8 No Threat to Safety or Health or Damage to Property. Purchaser shall take all actions and implement all protections reasonably necessary or
desirable to ensure that all actions taken in connection with the Investigations, and the equipment, materials, and substances generated, used or
brought onto the Property pose no threat to the safety or health of persons or the environment, cause no damage to the Property or other property
of Seller or any other persons;
4.2.9 Liens. Purchaser shall not allow the Investigations or any other activities undertaken by Purchaser or Purchaser's Representatives to result in
liens, judgments or other encumbrances being filed or recorded against the Property, and Purchaser, at its sole cost and expense, shall promptly
discharge of record any such lien or encumbrances that are so filed or recorded (including, without limitation, liens for services, labor or
materials; provided, however, nothing contained herein is intended to, nor shall, authorize the filing or recording of such liens nor entitle any
person or entity to claim that Seller authorized any services, labor or materials to be supplied to the Property); and
4.2.10
Indemnity. Purchaser shall indemnify, hold harmless and, if requested by Seller (in Seller's sole discretion), defend (with counsel reasonably
approved in advance in writing by Seller) the Seller Indemnitees from and against any and all damages, liabilities, losses, demands, actions,
causes of action, claims, costs and expenses (including reasonable attorneys'
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