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without the prior written consent of Seller. If Buyer discovers hazardous or <br />toxic substances or materials, Buyer will immediately notify Seller. <br />3. Buyer will promptly deliver to Seller the results and copies of any and all <br />reports, evaluations, tests and studies generated in connection with any <br />environmental assessments. Prior to the issuance of any final environmental <br />report, Seller will have the opportunity to make comments, pose questions and <br />offer recommendations to the Contractor preparing the report. <br />4. Buyer agrees to indemnify, defend and hold harmless Seller against and from <br />any and all liens, ciaims, demands, costs and expenses of whatsoever nature in <br />any way connected with or growing out of any work done, labor performed or <br />materials furnished at the Property on behalf of Buyer prior to Closing. <br />5. If the sale of the Property does not close, Buyer will, as soon as possible and at <br />Buyer's sole expense, restore the Property to the same condition it was in <br />jmmediately prior to the time Buyer entered the Property, failing in which Seller <br />may perform the work of restoration and Buyer will reimburse Seller within <br />thirty (30) days after rendition of bill by Seller. <br />C. Absence of markers is not a warranty by Seller of no subsurface instailations. Fiber optic <br />systems, pipelines, and other structures may be buried on the Property. Before any <br />digging/drilling/excavation, the following procedures will be followed by Buyer and <br />Buyer's Contractors: <br />1. Protection of any fiber optic cable systems is of extreme importance since any <br />break could disrupt service to users resulting in business interruption and loss of <br />revenue and profits. Buyer will telephone 1-800-336-9193 (a 24-hour, 7-day <br />number for emergency calis) during normal business hours (7 A.M. to 9 P.M., <br />CT, Monday-Friday, except holidays) to determine if any fiber optic cable is <br />buried on the Property. If it is determined that fiber optic cable is buried on the <br />Property, Buyer shall promptly inform Seller, at the address at the top of this <br />Agreement, of the results of its investigation. <br />2. Before drilling or excavating with mechanized equipment, Buyer wili explore <br />with hand tools to a depth of at least eight (8) feet below the surface or will use <br />suitable detection equipment. <br />D. Notwithstanding any provisions in this Agreement to the contrary, if this Agreement is <br />terminated for any reason whatsoever, Buyer will remain obligated to comply with the <br />provisions of Article 3-A and 3-B and Seller will retain all of its remedies for Buyer's <br />default under Article 3-A and 3-B. <br />Article 4. As is Sale - Release - Indemnitv: <br />A. Prior to the Closing Date, Buyer will have the opportunity to make such inspections of <br />the Property and matters related thereto as Buyer desires, including, without limitation, <br />governmental laws and regulations to which the Property is subject, the title to the <br />~ <br />