Access to the Assets. The Seconded Employees shall at all times during their performance of the Operating Services hereunder have full and free, non-exclusive access to the Assets as necessary to perform their obligations under this Agreement, and all such Persons shall comply with all safety and other procedures from time to time imposed by MLP in connection with any access to or work performed on or about the Assets.
Access to the Assets. Subject to the Confidentiality Provisions, Seller agrees to grant Buyer access to the Assets during reasonable business hours and after prior reasonable written notice, with Seller’s representative present and Buyer complying with Seller’s rules and regulations, including safety, so Buyer may, at its sole risk and expense, (a) conduct non-invasive on-site inspections and environmental assessments of the Assets and (b) conduct inspections of the operation of the Assets and prepare to assume ownership of the Assets after Closing. Buyer acknowledges and agrees that: (1) Seller owns oil and gas xxxxx, leases, and other related properties in and around the Assets separate and apart from the Liquids Gathering System and the Personal Property; (2) Ultra Resources operates such oil and gas xxxxx, leases, and other related properties and may itself own rights and property in and around the Assets separate and apart from the Liquids Gathering System and the Personal Property; (3) after the Closing, Seller intends to continue to own such oil and gas xxxxx, leases, and other related properties; (4) after the Closing, Ultra Resources intends to continue to operate such oil and gas xxxxx, leases, and other related properties, to own its other rights and property in and around the Assets, and to co-use the Xxxxxx Easements as contemplated in the Partial Assignment of Xxxxxx Easements to Buyer; and (5) nothing in this Agreement or otherwise gives Buyer or any of its Representatives any right to make inspections or investigations with respect to such operations, oil and gas xxxxx, leases, and other related properties. If Buyer or its agents prepares an environmental assessment of any Asset, Buyer agrees to keep such assessment confidential (unless legally required to disclose) and to furnish copies thereof to Seller. In connection with any on-site inspections, Buyer (a) agrees not to interfere with the normal operation of the Assets, (b) agrees to comply with Seller’s requirements of the operators of the Assets and (c) represents that it is adequately insured. Buyer waives, releases and agrees to indemnify, defend and hold harmless Seller and its Affiliates, and each of their directors, officers, shareholders, members, employees, agents and representatives against all claims, liabilities and obligations, including without limitation, personal injury, death and/or property damage, arising from Buyer’s activities or inspection of the Assets, the Records, the Insurance Polici...
Access to the Assets. Immediately after execution of this Agreement, American will grant Enerplus access to the Assets during reasonable business hours to permit Enerplus to conduct, at its sole risk and expense, on-site inspections and environmental assessments of the Assets. If Enerplus or its agent prepares an environmental assessment of any Asset, Enerplus agrees to keep such assessment confidential and to furnish copies thereof to American. In connection with any on-site inspections, Enerplus (i) agrees not to interfere with the normal operation of the Assets, (ii) agrees to comply with all requirements of the operators of the Assets and (iii) represents that it is adequately insured. Enerplus waives, releases and agrees to indemnify American, and its respective directors, officers, shareholders, members, employees, agents and representatives against all liabilities and obligations, including without limitation, personal injury, death and/or property damage, arising from Enerplus’s activities on the Assets except to the extent such liability or damages are caused by American’s willful misconduct. The provisions of this Section shall survive termination of this Agreement.
Access to the Assets. At Purchaser's cost, risk and expense and upon reasonable notice, Vendor shall permit Purchaser physical access to the Assets to the extent Vendor has or can reasonably obtain access.
Access to the Assets. In addition, Teton agrees to xxxxx Xxxxx physical access to the Assets to allow Noble to conduct, at Noble’s sole risk and expense, on-site inspections and environmental assessments of the Lands comprising the Assets. In connection with Teton granting such access to Noble, Noble represents that it is adequately insured and waives, releases and agrees to hold harmless, indemnify and defend Teton, and its respective directors, officers, shareholders, employees, agents and representatives, from and against all liabilities, obligations, claims and losses, including, without limitation, claims for injury to, or death of, persons or for physical damage to property, arising directly or indirectly from the access afforded to Noble hereunder or the physical activities of Noble on the Assets, except for claims or damages resulting from the gross negligence or willful misconduct of Teton.
Access to the Assets. Seller agrees to grant Buyer access to the Assets during reasonable business hours, so Buyer may, at its sole risk and expense, (i) conduct on-site inspections and environmental assessments of the Assets, including but not limited to, Phase I and II site assessments, and (ii) prepare to assume ownership and operation of the Assets after Closing. If Buyer or its agents prepares an environmental assessment of any Asset, Buyer agrees to keep such assessment confidential (unless legally required to disclose) and to furnish copies thereof to Seller. In connection with any on-site inspections, Buyer (i) agrees not to interfere with the normal operation of the Assets, (ii) agrees to comply with Seller’s requirements of the operators of the Assets and (iii) represents that it is adequately insured. Buyer waives, releases and agrees to indemnify Seller, and its affiliates, and each of their directors, officers, shareholders, members, employees, agents and representatives (“Seller Group”) against all claims, liabilities and obligations, including without limitation, personal injury, death and/or property damage, arising from Buyer’s activities on the Assets, except to the extent such liabilities or damages are caused by Seller’s gross negligence or willful misconduct. The provisions of this Section shall survive termination of this Agreement. Upon execution of this Agreement, that certain Release and Indemnity Agreement entered into by the Parties effective November 12, 2010 (the “Release”) shall terminate; provided, however, the Parties shall remain responsible for their respective obligations under the Release prior to the date of this Agreement.
Access to the Assets. To the extent that Seller is legally able, Seller agrees to grant Buyer and its agents and representatives access to the Assets during reasonable business hours, so Buyer may conduct, at its sole risk and expense, on-site inspections and environmental assessments of the Assets. If Buyer or its agents prepares an environmental assessment of any Asset, Buyer agrees to keep such assessment confidential for a period of three years following the Effective Date in the event the Parties are not able to effect a Closing of this Agreement. In connection with any on-site inspections, Buyer (i) agrees not to interfere with the normal operation of the Assets, and (ii) agrees to comply with all requirements of the operators of the Assets. Buyer waives, releases and agrees to indemnify Seller, and its directors, officers, shareholders, members, employees, agents and representatives against all liabilities and obligations, including without limitation, personal injury, death and/or property damage, arising from Buyer’s activities on the Assets except to the extent such liabilities or damages are caused by Seller’s negligence or willful misconduct. The provisions of this Section shall survive Closing and termination of this Agreement.
Access to the Assets. Immediately after execution of this Agreement, HighGround will grant Treaty access to the Assets during reasonable business hours to permit Treaty to conduct, at its sole risk and expense, on-site inspections and environmental assessments of the Assets. If Treaty or its agent prepares an environmental assessment of any Asset, Treaty agrees to keep such assessment confidential and to furnish copies thereof to HighGround. In connection with any on-site inspections, Treaty (i) agrees not to interfere with the normal operation of the Assets, (ii) agrees to comply with all requirements of the operators of the Assets and (iii) represents that it is adequately insured. Treaty waives, releases and agrees to indemnify HighGround, and its respective directors, officers, shareholders, members, employees, agents and representatives against all liabilities and obligations, including without limitation, personal injury, death and/or property damage, arising from Treaty’s activities on the Assets except to the extent such liability or damages are caused by HighGround’s willful misconduct. The provisions of this Section shall survive termination of this Agreement.
Access to the Assets. During Earn-in, ANGLOGOLD shall have full access to the Assets for the purposes of Exploration thereof, provided, however, that ANGLOGOLD shall during such period conduct all Operations in its own name and shall have no right or authority to encumber the Assets nor to bind RIMFIRE nor to subject RIMFIRE to, nor incur in RIMFIRE’s behalf, any obligation or liability whatever and ANGLOGOLD shall not hold itself out as having the authority to do so. ANGLOGOLD shall indemnify RIMFIRE from and against any liability arising from events occurring after the Effective Date of this Agreement and prior to the completion by ANGLOGOLD of its Earn-in as provided in Section 16.2(b).
Access to the Assets. Immediately after execution of this Agreement, Seller agree to grant Synergy access to the Assets during reasonable business hours, and during non-business hours if reasonably requested by Synergy, so Synergy may conduct, at its sole risk and expense, on-site inspections and environmental assessments of the Assets. If Synergy or its agents prepares an environmental assessment of any Asset, Synergy agrees to keep such assessment confidential and promptly to furnish a copy of such assessment to Seller. In connection with any on-site inspections, Synergy (i) agrees not to interfere with the normal operation of the Assets, (ii) agrees to comply with all requirements of the operators of the Assets and (iii) represents that it is adequately insured. Synergy waives, releases and agrees to indemnify Seller, and its directors, officers, shareholders, members, employees, agents and representatives against all liabilities and obligations, including without limitation, personal injury, death and/or property damage, arising from Synergy's activities on the Assets except to the extent such liability or damages are caused by Seller's negligence or willful misconduct. The provisions of this Section 4.2 shall survive termination of this Agreement.
