54-10 Agreement

or other court order, Purchaser shall not reveal to any governmental agency or any other third party (other than Purchaser’s employees, agents, attorneys, lenders and advisors) not approved by Seller the results of or any other information acquired pursuant to its inspections. 4.3.4 Immediately upon the completion of any physical inspection of the Property, Purchaser shall at its sole cost and expense cause any portion of the Property damaged or altered by or in connection with such inspection to be repaired and/or restored to the condition it was in prior to the inspection. Any inspections undertaken by or on behalf of Purchaser pursuant to this Section 4.3 shall be at Purchaser’s sole risk and the cost and expense of the inspections and tests undertaken pursuant to this Section 4.3 shall be borne solely by Purchaser. 4.3.5 Purchaser shall provide Seller with copies of all third party reports and studies obtained by Purchaser with respect to the Property promptly upon Purchaser’s receipt of the same; or if copies of such reports or studies are not delivered to Purchaser, Purchaser shall cause Seller to be provided with the necessary passcodes and/or access to view the same electronically. Purchaser shall be entitled to redact any information that is confidential or proprietary to Purchaser. 4.3.6 Purchaser covenants and agrees that, until the Closing Date, all information and materials disclosed and/or delivered to it by Seller, or Seller’s agents, employees and representatives (including without limitation, the Due Diligence Materials), are confidential and proprietary information. Purchaser also agrees that, in the event the transactions contemplated in this Agreement are not consummated as provided herein, Purchaser shall promptly return to Seller or notify Seller in writing that Purchaser has destroyed all such information and documentation, and all copies thereof, together with copies of all third party reports and studies obtained by Purchaser with respect to the Property that were not previously provided to Seller pursuant to Section 4.3.5 above, with any information confidential or proprietary to Purchaser redacted. 4.3.7 Except as expressly provided herein, Seller makes no representations or warranties as to the truth, accuracy or completeness of any materials, data or other

Purchaser redacted. 4.3.7 Except as expressly provided herein, Seller makes no representations or warranties as to the truth, accuracy or completeness of any materials, data or other information, if any, supplied to Purchaser in connection with Purchaser’s inspection of the Property (e.g., that such materials are complete, accurate or the final version thereof, or that all such materials are in Seller’s possession). Except for Purchaser’s reliance on any representation and warranties expressly provided herein, it is the parties’ express understanding and agreement that any such materials are to be provided only for Purchaser’s convenience in making its own examination and determination as to whether it wishes to purchase the Property, and, in doing so, Purchaser shall rely exclusively on its own independent investigation and evaluation of every aspect of the Property and not on any materials supplied by Seller. Except for Purchaser’s reliance on any representation and warranties expressly provided herein with respect to any such materials, Purchaser expressly disclaims any intent to rely on any such materials provided to it by Seller in connection with its inspection and agrees that it shall rely solely on its own independently dev eloped or verified information. 4.3.8 The obligations and agreements of Purchaser under this Section 4.3 (including its indemnification obligations) shall survive Closing or the termination of this Agreement. -9- GENBUS/718957.4