Notwithstanding anything to the contrary contained in this Paragraph 5, Buyer shall not and shall not permit its employees, consultants, engineers and agents to conduct any invasive environmental soil test or sampling, boring, digging or any other physical intrusion of the Property and/or the improvements (collectively, “Testing”) without the prior written consent of Seller to be given or withheld in Seller’s sole and absolute discretion. If Seller consents thereto, Buyer shall furnish to Seller property damage and all liability insurance policies in form and amounts set forth herein prior to commencing any such Testing and shall, upon completion thereof, restore promptly, at Buyer’s own cost and expense, the Property to substantially the same condition existing prior to such Testing.

Purchaser shall not conduct or allow any physically intrusive testing of, on or under the Property without first obtaining Seller’s written consent as to the timing and scope of the work to be performed, which consent shall be given or withheld in Seller’s sole and absolute discretion and subject to increases in the coverage amounts of the Purchaser’s Insurance (defined below). Without limiting the generality of the foregoing, Seller’s written approval shall be required prior to conducting any Phase II environmental survey or any testing or sampling of surface or subsurface soils, surface water, groundwater or any materials in or about the Property in connection with Purchaser’s environmental due diligence. If any testing is approved by Seller, Purchaser agrees to cooperate with any request by Seller in connection with the timing of any such inspection or test. Purchaser agrees to provide Seller, within five (5) days of Seller’s request, with copies of the final versions of any written environmental inspection or test report or environmental summary prepared by any unrelated third party (excluding attorneys), and copies of all test results, in each case to the extent such third party consents thereto and at no additional cost to Purchaser. Purchaser agrees that any inspection, test or other study or analysis of the Property by Purchaser shall be performed at Purchaser’s expense and in accordance with applicable law. Purchaser agrees at its own expense to promptly restore the Property or, at Seller’s option, to reimburse Seller for any out-of-pocket repair or restoration costs actually incurred by Seller as a result thereof, if any inspection or test requires or results in any damage to or alteration of its physical condition (other than that arising from the discovery of preexisting conditions). The provisions of this [Section 2.03(c)] shall survive the termination of this Contract.