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To Seller: City of Everett <br /> 2930 Wetmore Ave. Ste. 10-C <br /> Everett, WA 98201 <br /> Attention: City Attorney <br /> Fax No.: 425-257-8693 <br /> With a copy to: City of Everett <br /> 2930 Wetmore Ave. Ste. 10-C <br /> Everett,WA 98201 <br /> Attention: Real Estate Manager <br /> Fax No.: 425-257-8856 <br /> With a copy to: Cairncross & Hempelmann, PS <br /> 524 Second Avenue, Suite 500 <br /> Seattle,WA 98104 <br /> Attention: Greg Duff and Matt Hanna <br /> Fax No.: (206) 587-2308 <br /> To Purchaser: Touchstone Corporation <br /> 2025 First Avenue, Suite 790 <br /> Seattle,WA 98121 <br /> Attention: James D. O'Hanlon <br /> Fax No.: (206)727-2399 <br /> With a copy to: Foster Pepper PLLC <br /> 1111 Third Avenue, Suite 3400 <br /> Seattle,Washington 98101 <br /> Attention: Thomas J. Parkes <br /> Fax No.: (206)749-2043 <br /> 17. ACCESS AND POSSESSION. Purchaser and its agents or <br /> representatives shall have the right to enter upon the Property at any reasonable time <br /> prior to the Closing Date for any lawful purpose including, without limitation, verifications <br /> of information, and conducting investigations, tests and studies, including without <br /> limitation, but subject to Seller's prior written approval, soils tests, borings and <br /> hazardous waste studies, and during such period Seller shall furnish to Purchaser all <br /> information concerning the Property that Purchaser may reasonably request. Full <br /> possession of the Property shall be delivered to Purchaser by Seller at Closing. <br /> Purchaser's activities at the Property shall be conducted in such a manner so as not to <br /> unreasonably interfere with the operation of the Property. Prior to any such entry onto <br /> the Property, Purchaser shall provide Seller with written proof of a commercial general <br /> liability insurance policy covering such entry with limits reasonably satisfactory to Seller, <br /> which policy shall (i) upon Seller's written request name Seller as an additional insured <br /> on such policy, (ii) cover the acts and omissions of Purchaser or its authorized agent or <br /> representatives (as applicable) during such entry onto the Property. Even as against <br /> claims from Purchaser, Purchaser hereby agrees to release, indemnify and hold Seller <br /> -17- <br /> 50939068.4 <br />