Common use of Access; Indemnification Clause in Contracts

Access; Indemnification. Access to the Properties to conduct Buyer's environmental assessment shall be subject to the following conditions: Buyer waives and releases all claims against Sellers, the Companies, and their directors, officers, employees and agents, for injury to or death of persons or damage to property arising in any way from the exercise of rights granted to Buyer hereby or the activities of Buyer or its employees, agents or contractors on the Properties, provided that Buyer does not hereby assume the risk of damage, injury or death attributable to the willful misconduct or gross negligence of Sellers or the Companies. Buyer shall indemnify Sellers, the Companies, and their directors, officers, employees, and agents, and shall hold each and all of said indemnities harmless from and against any and all loss whatsoever arising out of (i) any and all statutory or common-law liens or other encumbrances for labor or materials furnished in connection with such tests, samplings, studies or surveys as Buyer may conduct with respect to the Properties, and (ii) any injury to or death of persons or damage to property occurring in, on or about the Properties as a result of such exercise or activities (except for any such injuries or damages caused by the gross negligence or willful

Access; Indemnification. Access to the Properties to conduct Buyer's environmental assessment shall be subject to the following conditions: Buyer waives and releases all claims against Sellers, the Companies, and their directors, officers, employees and agents, for injury to or death of persons or damage to property arising in any way from the exercise of rights granted to Buyer hereby or the activities of Buyer or its employees, agents or contractors on the Properties, provided that Buyer does not hereby assume the risk of damage, injury or death attributable to the willful misconduct or gross negligence of Sellers or the Companies. Buyer shall indemnify Sellers, the Companies, and their directors, officers, employees, and agents, and shall hold each and all of said indemnities harmless from and against any and all loss whatsoever arising out of (i) any and all statutory or common-law liens or other encumbrances for labor or materials furnished in connection with such tests, samplings, studies or surveys as Buyer may conduct with respect to the Properties, and (ii) any injury to or death of persons or damage to property occurring in, on or about the Properties as a result of such exercise or activities (except for any such injuries or damages caused by the gross negligence or willfulwillful misconduct of any said indemnities). Notwithstanding any provision of this Agreement to the contrary, the foregoing obligation of indemnity shall survive the Closing or the termination of this Agreement without Closing.

Access; Indemnification. Access to the Properties to conduct Buyer's ------------------------ environmental assessment shall be subject to the following conditions: Buyer waives and releases all claims against SellersSeller and its successors, the Companiesassigns, and their directors, officers, contractors, affiliates, partners, employees and agents, for injury to or death of persons or damage to property arising in any way from the exercise of rights granted to Buyer hereby or the activities of Buyer or its employees, agents or contractors on the Properties, provided that Buyer does not hereby assume the risk of damage, injury or death attributable to the willful misconduct or gross negligence of Sellers or the CompaniesSeller. Buyer shall indemnify SellersSeller, the Companies, and their directors, officersits partners, employees, and agents, and shall hold each and all of said indemnities harmless from and against any and all loss whatsoever arising out of (i) any and all statutory or common-law liens or other encumbrances for labor or materials furnished in connection with such tests, samplings, studies or surveys as Buyer may conduct with respect to the Properties, and (ii) any injury to or death of persons or damage to property occurring in, on or about the Properties as a result of such exercise or activities (except for any such injuries or damages caused by the gross negligence or willfulwillful misconduct of any said indemnities). Notwithstanding any provision of this Agreement to the contrary, the foregoing obligation of indemnity shall survive the Closing or the termination of this Agreement without Closing.

Access; Indemnification. Access to the Properties to conduct Buyer's environmental assessment shall be subject to the following conditions: Buyer waives and releases all claims against Sellers, the CompaniesCompany, and their its directors, officers, employees and agents, for injury to or death of persons or damage to property arising in any way from the exercise of rights granted to Buyer hereby or the activities of Buyer or its employees, agents or contractors on the Properties, provided that Buyer does not hereby assume the risk of damage, injury or death attributable to the willful misconduct or gross negligence of Sellers or the CompaniesCompany. Buyer shall indemnify Sellers, the CompaniesCompany, and their its directors, officers, employees, and agents, and shall hold each and all of said indemnities indemitees harmless from and against any and all loss whatsoever arising out of (i) any and all statutory or common-common law liens or other encumbrances for labor or materials furnished in connection with such tests, samplings, studies or surveys as Buyer may conduct with respect to the Properties, and (ii) any injury to or death of persons or damage to property occurring in, on or about the Properties as a result of such exercise or activities (except for any such injuries or damages caused by the gross negligence or willfulwillful misconduct of any said indemnitees). Notwithstanding any provision of this Agreement to the contrary, the foregoing obligation of indemnity shall survive the Closing or the termination of this Agreement without Closing.