Buyer's Entry Sample Clauses

Buyer's Entry. 13.1 At any time during the Escrow period, Buyer, and its agents and representatives, shall have the right at reasonable times and subject to rights of tenants under Existing Leases, to enter upon the Property for the purpose of making inspections and tests specified in this Agreement. Following any such entry or work, unless otherwise directed in writing by Seller, Buyer shall return the Property to the condition it was in prior to such entry or work, including the recompaction or removal of any disrupted soil or material as Seller may reasonably direct. All such inspections and tests and any other work conducted or materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Seller and the Property of and from any and all claims, liabilities, demands, losses, costs, expenses (including reasonable attorneys' fees), damages or recoveries, including those for injury to person or property, arising out of or relating to any such work or materials or the acts or omissions of Buyer, its agents or employees in connection therewith.

Buyer's Entry. Buyer shall give Seller at least two (2) Business Days’ notice of its intent to enter or inspect the Property as provided herein. Prior to entering the Property or commencing any test involving physical work on the Property, such as involved in an archaeological study, soils test, or percolation test, Buyer shall obtain Seller’s prior written approval, and shall satisfy such conditions as Seller may reasonably impose to protect Seller’s interest in the Property, to protect and preserve any known historic or archaeological features, artifacts, burials or environmentally sensitive areas on the Property or discovered in the course of such work, to ensure that any artifacts or remains discovered on the Property are appropriately handled, and to avoid disturbance to Tenants and invitees on the Property and to restore the Property to its original condition after completing any approved testing. If in the course of the work the Buyer discovers any unknown burial or other historic sites, or historic or archaeological artifact, Buyer shall immediately cease its investigations in the vicinity of the discovery and notify Seller in writing of the discovery and the location of the find, (a) at Seller’s request, consult with Kailua, Kau a Ho‘oilio, a recognized descendants’ group on the handling of such discovery, and (b) at no out-of-pocket expense to Buyer, cooperate with and allow Seller to comply with such protocols as may be established by Seller and/or Kailua, Kau a Ho‘oilio for the treatment and preservation of such artifact, burial or site. Buyer’s right of entry shall be subject to the rights of Tenants under the Tenant Leases and Buyer agrees to take no action which would permit any mechanic’s or materialman’s lien to be filed or recorded against the Property, or which would disturb any Tenant’s use or occupancy of its premises or which would constitute a breach of any Tenant Lease, Applicable Contract, Encumbrance, Governmental Authorization, Legal Requirement or Order.

Buyer's Entry. Buyer, its agents and representatives, shall have the right to enter upon the Property at reasonable times for the purpose of making the inspections provided for in Paragraph 4(b)(3) hereof. Buyer shall indemnify and hold harmless Seller from and against any and all losses, liabilities, damages, demands, claims, suits, actions, judgments or causes of action, costs and expenses, including, without limitation, reasonable attorneys' fees and any and all expenses incurred in investigating, preparing or defending against litigation, commenced or threatened or any claim whatsoever (collectively, "Damages") asserted against, imposed upon or incurred or suffered by Seller as a result of or arising from any injury or damage to persons or property in connection with the negligent acts or omissions or willful misconduct of Buyer or any of its employees, agents or contractors in connection with the entrance onto the Property by Buyer, its agents or representatives, provided, however, that Buyer’s obligations under this Section 12 shall not include indemnification of Seller or the obligation to hold Seller harmless for any monetary damages or diminution in the value of the Property as a result of the mere discovery of a pre-existing condition at the Property. The foregoing indemnity shall survive the Close of Escrow (and not be merged therein) or any earlier termination of this Agreement.

Buyer's Entry. At any me during the Escrow period, Buyer, and its agents and representa ves, shall have the right at reasonable mes and subject to rights of tenants, to enter upon the Property for the purpose of making inspec ons and tests specified in this Agreement. No destruc ve tes ng shall be conducted, however, without Seller's prior approval which shall not be unreasonably withheld. Following any such entry or work, unless otherwise directed in wri ng by Seller, Buyer shall return the Property to the condi on it was in prior to such entry or work, including the re compac on or removal of any disrupted soil or material as Seller may reasonably direct. All such inspec ons and tests and any other work conducted or materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Seller and the Property of and from any and all claims, liabili es, losses, expenses (including reasonable a orneys' fees), damages, including those for injury to person or property, arising out of or rela ng to any such work or materials or the acts or omissions of Buyer, its agents or employees in connec on therewith.

Buyer's Entry. In no event, however, shall Buyer be liable or responsible for any preexisting conditions or matters of which Buyer may learn by reason of any such entries, inspections or tests, regardless of any effect which such matters may have upon Seller's obligations to report and/or respond to such conditions or matters thereafter.

Buyer's Entry. 14.1 At any time during the Escrow period, Buyer, and its agents and representatives, shall have the right at reasonable times and subject to rights of tenants under Existing Leases, to enter upon the Property for the purpose of making inspections and tests specified in this Agreement. Following any such entry or work, unless otherwise directed in writing by Seller, Buyer shall return the Property to the condition it was in prior to such entry or work, including the recompaction or removal of any disrupted soil or material as Seller may reasonably direct. All such inspections and tests and any other work conducted or materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Seller, Seller's directors, officers, employees, shareholders, affiliates, contractors, representatives and agents, and the Property of and from any and all claims, liens, stop notices, liabilities, demands, losses, costs, expense (including reasonable attorney's fees), damages or recoveries, including those for injury to person or property, arising out of or relating to any Buyer's inspection of the Property and such work or materials or the acts or omissions of Buyer, its agents, contractors or employees in connection therewith.

Buyer's Entry. Buyer shall be responsible for all costs, expenses, liabilities and damages incurred by Seller as a result of ▇▇▇▇▇'s entry onto the Property prior to the Closing. Buyer shall return the Property to the condition it was in prior to any entry, test and/or inspection by Buyer. All inspections and tests conducted by Buyer regarding the Property shall be promptly paid for by ▇▇▇▇▇. ▇▇▇▇▇ indemnifies and agrees to defend ▇▇▇▇▇▇ and the Property from any and all claims, liabilities, liens, losses, expenses (including reasonable attorneys' fees and costs), and/or damages arising out of or