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Buyer is contractually prevented from doing so and to the extent assignable.
<br />5.4 Restoration. Buyer shall restore any damage to the Property caused by Buyer's
<br />inspection of the Property. Prior to entry upon the Land by Buyer's agents and
<br />representatives, Buyer shall provide evidence to Seller that Buyer's agents and
<br />representatives maintain comprehensive general liability insurance, with limits of at least
<br />one million dollars ($1,000,000) per occurrence, covering their activities on the Land and
<br />naming Seller as an additional insured. Further, Buyer shall, to the extent allowed by law,
<br />without waiving its sovereign immunity, indemnify, defend and hold Seller harmless from
<br />any loss, claim, liability or cost, including without limitation, damage to the Land, injury to
<br />or death of persons, construction liens and reasonable attorney's fees and costs caused
<br />by or associated with Buyer's or Buyer's agent's, employee's, and representative's entry,
<br />inspection or testing of the Land. Buyer and Buyer's agents and representatives shall not
<br />commit waste and shall restore the Land to substantially the same condition prior to Buyer
<br />or Buyer's agent's and representative's entry in the event this Agreement is terminated
<br />and there is no Closing. This provision shall survive any termination under this
<br />Agreement.
<br />Buyer shall have no indemnification obligation or other liability for, or in connection with
<br />any claims arising from pre-existing conditions on or under the Property, or those arising
<br />from the presence, discovery, or disturbance of "Hazardous Substances" as such term is
<br />defined in the Comprehensive Environmental Response, Compensation and Liability Act,
<br />42 U.S.C.'9601 et seq. and the regulations promulgated thereunder (as amended from
<br />time to time) and shall include oil and oil waste as those terms are defined in the Clean
<br />Water Act, 33 U.S.C. '1251 et seq. and the regulations promulgated thereunder (as
<br />amended from time to time), the Resource, Conservation and Recovery Act, 42 U.S.C.
<br />'6901 et seq., and any similar laws enacted in effect, each as amended from time to time
<br />and shall include any other elements or compounds contained in the list of hazardous
<br />substances adopted by the United States Environmental Protection Agency (the "EPA")
<br />and the list of toxic pollutants designated by Congress or the EPA as defined by any other
<br />Federal, State or local statute, law, ordinance, code, rule, regulation, order or decree
<br />relating to standards of conduct concerning any toxic or dangerous waste or substance.
<br />5.5 Confidentiality. To the extent allowed by law, Seller and Buyer hereby
<br />covenant and agree that the terms and conditions of this Agreement, including, without
<br />limitation, the results of any Phase I or Phase II Environmental Audit, if any, shall be treated
<br />by Seller and Buyer as strictly confidential unless otherwise authorized in writing to disclose
<br />the same by the other party, except that Buyer may disclose such terms and conditions
<br />necessary in connection with any litigation or arbitration commenced in connection with the
<br />subject matter contained herein or as required law. Such obligation shall survive the
<br />consummation of the transaction contemplated by this Agreement.
<br />6. Representations of the Seller.
<br />6.1 Seller is indefeasibly seized of marketable, fee simple title to the Properties, and
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