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immediately prior to the time Buyer entered the Property, failing in which Seller may <br />perform the work of restoration and Buyer will reimburse Seller within thirty (30) <br />days after rendition of bill by Seller. <br /> <br />3.3. <br /> <br />Absence of markers is not a warranty by Seller of no subsurface installations. 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 Buyer's <br />Contractors: <br /> <br />(a) <br /> <br />Protection of any fiber optic cable systems is of extreme importance since any break <br />could disrupt service to users resulting in business interruption and loss of revenue <br />and profits. Buyer will telephone 1-800-336-9193 (a 24-hour, 7-day number for <br />emergency calls) during normal business hours (7 A.M. to 9 P.M., CT, Monday- <br />Friday, except holidays) to determine if any fiber optic cable is buried on the <br />Property. If it is determined that fiber optic cable is buried on the Property, Buyer <br />shall promptly inform Seller, at the address at the top of this.Agreement, of the <br />results of its investigation. <br /> <br />(b) <br /> <br />Before drilling or excavating with mechanized equipment, Buyer will explore with <br />hand tools to a depth of at least eight (8) feet below the surface or will use suitable <br />detection equipment. <br /> <br />3.4. <br /> <br />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 Sections 3.1 and 3.2 and Seller will retain all of its remedies for Buyer's default <br />under Sections 3.1 and 3.2. <br /> <br />4. As Is Sale - Release - Indemnity: <br /> <br />4.1. <br /> <br />Prior to the Closing Date, Buyer will have the opportunity to make such inspections of the <br />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 Property, <br />and the suitability or fitness of the Property for Buyer's proposed use. Buyer acknowledges <br />and agrees that the Property is to be sold and accepted by Buyer in an "AS IS" condition, with <br />all faults, and Buyer acknowledges that the Property may have been used for railroad and/or <br />industrial purposes, among other uses. Buyer agrees that any information Buyer may receive <br />from Seller or its agents concerning the Property (including, but not limited to, any lease or <br />other document, engineering study or environmental assessment) is fumished on the condition <br />that Buyer will make an independent verification of the accuracy of the information. Seller <br />does not make any representations or warranties of any kind whatsoever, either express or <br />implied, with respect to the Property; in particular, without limitation, Seller makes no <br />representations or warranties with respect to the use, condition, title, occupation or <br />management of the Property, or compliance with applicable statutes, laws, codes, ordinances, <br />regulations, requirements (collectively "Condition of the Property"). Buyer acknowledges <br />that it is entering into this Agreement on the basis of Buyer's own independent investigation <br />of the physical and environmental conditions of the Property. Buyer assumes the risk that <br /> <br /> <br />