Buyers Inspection. During the pendency of this Offer, Xxxxxx agrees that Buyer or Buyer’s agents shall be given access to the Property for the purpose of soil analysis, land survey, and engineering. The time, location and means of access to the Property shall be subject to Seller’s reasonable approval. Any disturbances to the surface shall be restored to substantially its previous condition at the sole cost of Buyer. Xxxxx further indemnifies and holds Seller harmless from and against all claims arising from Xxxxx’s activities on the Property prior to the date of closing. In the event of any such testing, Buyer shall restore the ground surface and the compaction, with verification of compaction by engineer’s report, to the condition immediately prior to such test. In the event the results of any such testing disclose adverse subsoil conditions which would prohibit the construction of a house with a normal twelve course basement, without extraordinary expense, Buyer shall have the right, at Buyer’s sole option, to declare this Offer to Purchase null and void, and in such event, all xxxxxxx money shall be returned to Buyer. Buyer’s right to conduct soil tests, and Xxxxx’s right to terminate this Offer pursuant to this provision, shall be deemed waived unless written notice of termination, together with copies of any such soil tests, are delivered to Seller prior to closing of this transaction.
Buyers Inspection. Buyer shall make, or cause to be made, such investigation as it deems necessary or advisable of the Assets. Buyer shall have the right to terminate this Agreement if, as a result of its investigation, it is not satisfied with any of its findings.
Buyers Inspection. Buyer has inspected the real property and this purchase is based upon its own inspection and not based upon any representations made by the Seller or Seller’s agents, except those representations of Seller made in this Agreement.
Buyers Inspection. Subject to the rights of the Tenants under the Leases and any rights or restrictions under any of the Permitted Title Exceptions, Buyer and its agents shall have the right, from time to time prior to the Closing, to enter upon the Property to examine the same and the condition thereof, and to conduct such surveys and to make such engineering and other inspections, tests and studies as Buyer shall determine to be reasonably necessary, all at Buyer’s sole cost and expense; provided, however, Buyer shall not conduct any environmental investigations of the Property beyond a Phase I environmental site assessment (i.e., no Phase II environmental assessment, groundwater sampling or other destructive or invasive testing) without first obtaining Seller’s prior written consent, which consent shall not be unreasonably withheld or delayed. Buyer agrees to give Seller at least twenty-four (24) hours advance notice of any such examinations or surveys and any meetings with Tenants, and to conduct such examinations, surveys and meetings during normal business hours. Seller may be present with Buyer during any or all examinations or surveys of the Property and Tenant meetings conducted by Buyer, but shall not have the obligation to be present. Buyer agrees to conduct all examinations and surveys of the Property in a manner that will not harm or damage the Property or cause any claim adverse to Seller or default under any Lease, and agrees to restore the Property to its condition prior to any such examinations or surveys immediately after conducting the same. Buyer hereby indemnifies and holds Seller harmless from and against any claims for injury or death to persons, damage to property or other losses, damages or claims, including, without limitation, claims of any Tenants, and including, in each instance, reasonable attorneys’ fees and litigation costs, arising out of any action of any person or firm entering the Property on Buyer’s behalf as aforesaid, which indemnity shall survive the Closing and any termination of this Agreement without the Closing having occurred, but shall not include any losses or claims arising from the mere discovery of a pre-existing condition.
Buyers Inspection. SAMPLE
A. On or before ten (10) calendar days (seven (7) days for noncontingent cash offers as indicated in Section 5(C) above) from the Effective Date, the Buyer(s) shall, at Buyer(s) sole cost and expense, inspect the Property or obtain for its own use, benefit and reliance, inspections and/or reports on the condition of the Property, or Buyer(s) shall be deemed to have (1) waived such inspections and any objections to the condition of the Property, and (2) accepted the condition of the Property. The Buyer(s) shall keep the Property free and clear of liens and indemnify and hold the Seller and the Indemnified Parties harmless from all Claims arising out of or relating in any way to the Buyer(s) inspections, and the Buyer(s) shall repair the Property, at Buyer(s) sole expense, for all such Claims. The Buyer(s) shall not directly or indirectly cause any inspections to be made by any government building or zoning inspectors or government employees without the prior written consent of the Seller unless required by law, in which case the Buyer(s) shall provide reasonable notice to the Seller prior to any such inspection. If the Seller has winterized the Property and the Buyer(s) desires to have the Property inspected, the listing agent will have the Property dewinterized by seller’s property preservation vendor prior to inspection and rewinterized after inspection. All winterizations and dewinterizations must be performed by the Seller’s property preservation vendor. Within five (5) calendar days of receipt of any inspection report prepared by or for the Buyer(s), but not later than ten (10) calendar days (seven days for noncontingent cash offers as indicated in Section 5(C) above) from the Effective Date, whichever first occurs, the Buyer(s) shall provide written notice to the Seller of any items disapproved or problems with the condition of the Property. The Buyer(s) failure to provide such written notice to the Seller shall be deemed as Buyer(s) acceptance of condition of the Property. The Buyer(s) shall immediately provide to the Seller at no cost, upon request by the Seller, complete copies of all inspection reports upon which the Buyer(s) disapproval of the condition of the Property is based. Seller may provide written notice to Buyer(s) within five (5) days of receipt of Buyer(s) written notice and any inspection reports of any matters objected to by Xxxxx(s) which Seller intends to cure. Seller's election not to provide such written notice to Xxxxx(s)...
Buyers Inspection. Buyer and its agents shall have the right, from time to time prior to the Closing, to enter upon the Property to examine the same and the condition thereof, and to conduct such surveys and to make all such engineering and other inspections, tests and studies as Buyer shall determine to be reasonably necessary, all at Buyer’s sole cost and expense; provided, however, Buyer shall not conduct any environmental investigations of the Property beyond a Phase I environmental site assessment (i.e. no sampling or drilling) without obtaining Seller’s prior written consent. Buyer agrees to give Seller at least twenty-four (24) hours advance written notice of such examinations or surveys and to conduct such examinations or surveys during normal business hours. Unless Seller waives such right in writing, a representative of Seller must be present with Buyer during all examinations or surveys of the Property conducted by Buyer. Buyer agrees to restore the Property to its condition prior to any such examinations or surveys immediately after conducting the same. Buyer hereby indemnifies and holds Seller harmless from and against any claims for injury or death to persons, damage to property or other losses, damages or claims, including, in each instance, attorneys’ fees and litigation costs, to the extent arising out of any action of any person or firm entering the Property on Buyer’s behalf as aforesaid, which indemnity shall survive the Closing and any termination of this Agreement without the Closing having occurred.
Buyers Inspection. 3.1 Access to the Records. Prior to Closing and subject to Section 8.3, Seller will make the Records available to Buyer for inspection, copying, and review at Seller's offices during normal business hours to permit Buyer to perform its due diligence review. Subject to the consent and cooperation of third parties, Seller will assist Buyer in Buyer's efforts to obtain, at Buyer's expense, such additional information from such parties as Buyer may reasonably desire. Buyer may inspect the Records and such additional information only to the extent it may do so without violating any obligation of confidence or contractual commitment of Seller to a third party.
Buyers Inspection. Buyer shall have the right to inspect the goods for ten (10) days after delivery. This inspection shall be fully and finally determinative of whether the goods conform to the terms of this Agreement. Defects that are not noted and brought to the attention of Xxxxx Industries within ten (10) days after delivery shall not constitute the basis of any claim or defense against Xxxxx Industries under this Agreement or otherwise. Failure to notify Xxxxx Industries of the results of any inspection within ten (10) days after delivery shall constitute a waiver of Buyer's rights of inspection and shall be deemed an acceptance of the goods.
Buyers Inspection. Buyer shall make an examination and test of any Goods delivered hereunder immediately upon receipt at Buyer’s plant, and, any course of dealing between the parties to the contrary notwithstanding, failure of Buyer to give notice of any claim within 30 days after receipt of such Goods at its plant shall be an unqualified acceptance of the Goods delivered.
Buyers Inspection. Upon request by ITC, goods and services on this PO are subject to inspection, test, and approval, (“Inspection”) at the manufacturing source or work site by a Buyer representative. Supplier shall provide all reasonable facilities and assistance for the safety and convenience of Xxxxx’s representative in the performance of his/her duties. All goods and services are subject to final Inspection at Buyer’s location or other place designated by Buyer. Such Inspection shall be made within a reasonable time after delivery. Upon inspection, Buyer may reject all or any portion of the goods and/or services if it determines the goods and/or services are defective or otherwise do not conform to the requirements of the PO. If Buyer rejects any portion of the goods and/or services, Buyer has the right, effective upon written notice to Supplier (email sufficient), to: (i) rescind the PO in its entirety; (ii) accept the defective and/or non-conforming goods and/or services at a reasonably reduced price; or (iii) reject the non-conforming goods and/or services and require the replacement or re-performance (as applicable) thereof. All goods rejected by Xxxxx shall be returned at Supplier’s expense.
