Common use of Buyers Inspection Clause in Contracts

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. 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 contractors may enter the Property to inspect and survey the Property and the infrastructure and other improvements located on other developed portions of the Waterbridge Development that may serve the Property and do environmental site assessments and soil tests, and other examinations and testing. Seller shall have the right, from time right to time prior to have Seller’s representative or agent accompany the Closing, to enter upon Buyer or contractors when visiting the Property to examine the same and the condition thereof, and to conduct such surveys and to make such Property. All engineering and other inspections, tests and studies as examinations shall be conducted by parties qualified and, where applicable, licensed to conduct such inspections, tests and/or examinations. Buyer shall determine pay the costs of all tests, inspections, examinations, investigations, and reviews conducted pursuant to be reasonably necessarythis Agreement. After the performance of any tests, all at Buyer’s sole cost inspections, examinations, investigations and expense; provided, howeverreviews, Buyer shall not conduct promptly repair any environmental investigations of damage and otherwise return the Property beyond a Phase I environmental site assessment (i.e.to substantially the same condition as existed prior to the conduct of said tests, no Phase II environmental assessmentinspections, groundwater sampling examinations, investigations and reviews. Prior to undertaking any activity or exercising any rights granted in this Agreement, Buyer shall obtain, and subsequently maintain in full force and effect throughout the duration of this Agreement, commercial general liability insurance in an amount not less than that required in Section 29. Such policy or policies shall name Seller, A. X. Xxxxxx & Son, Inc., and any other destructive parties that Seller may reasonably designate as additional insureds and shall cover damage to property and persons resulting from or invasive testing) without first obtaining Seller’s prior written consentconnected with any Property inspection activity of Buyer as contemplated under this Agreement. Notwithstanding anything to the contrary set forth in this Agreement, 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 indemnify and any meetings with Tenantshold harmless Seller, A. X. Xxxxxx & Son, Inc., and to conduct such examinationsSeller’s affiliates, surveys and meetings during normal business hours. Seller their employees, managers, and members, from any and all liability, loss or damage, including reasonable attorneys’ fees and related costs and expenses arising out of, or resulting from, any and all engineering, development, marketing and other studies that 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, physical damage to the Property (and any adjoining property) and claims of any Tenants, mechanics and including, in each instance, reasonable attorneys’ fees and litigation costs, materialmen arising out of any action of any person or firm entering the Property on Buyersuch activities. The foregoing indemnities shall extend to all court costs and attorney’s behalf as aforesaid, which fees in connection with such claims. The foregoing indemnity shall survive the Closing and any or the termination of this Agreement without (as the Closing having occurredcase may be). To the extent required by applicable law, but shall not include any losses or claims arising Buyer warrants that it will seek approval from the mere discovery appropriate governmental authorities, including but not limited to the U.S. Army Corps of a pre-existing conditionEngineers, prior to conducting any testing of the Property wetlands. Buyer shall immediately repair or mitigate any damage to the Property wetlands required by applicable law when caused by or in relation to such testing and shall indemnify, defend, and hold harmless Seller, A. X. Xxxxxx & Son, Inc., and Seller’s affiliates, and their employees, managers, and members, from any claims, damages, costs or liability relating thereto.

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 '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 reasonable advance notice of any such examinations or surveys and any meetings with Tenants, and to conduct such examinations, surveys and meetings or meeting with tenants during normal business hours. Unless Seller may waives such right in writing, a representative of Seller must be present with Buyer during any or all examinations or examinations, surveys of the Property and Tenant meetings or meeting with tenants conducted by Buyer. Buyer shall not, but without prior written notice to Seller, contact any Tenant, nor shall not have the obligation Buyer meet with any tenant unless accompanied by Seller's representative. Seller agrees to be presentreasonably attempt to make reasonable arrangements for Buyer to meet with tenants. 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 Buyer and/or any person or firm entering the Property on Buyer’s '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. 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 twentyforty-four eight (2448) 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. 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 Land beyond a Phase I environmental site assessment and a geotechnical survey to evaluate soil conditions (i.e., i.e. no Phase II environmental assessment, groundwater sampling or drilling or other destructive or invasive physically intrusive testing) without first obtaining the prior written consent of Current Owner and Seller (same not to be unreasonably withheld); any request for such consent shall be made in writing, and if not granted or denied in a writing received by Buyer within five (5) days of Seller’s receipt of such request, then such request shall be deemed to have been denied by Seller and Current Owner (if such consent is withheld, prior written consentto the expiration of the Inspection Period, which consent Buyer shall not be unreasonably withheld have the right to terminate this Agreement and Bluerock Member shall receive a full refund of the Exxxxxx Money). Current Owner and Seller shall have the right to have their representative present with Buyer during all examinations or delayed. surveys of the Property conducted by Buyer and Buyer agrees to give Current Owner and Seller at least reasonable advance notice (in no event less than twenty-four (24) hours advance notice via telephone of any such examinations or surveys and any meetings with Tenants, to Sxxxxxx Xxxxxx at 404-367-6010) and to conduct such examinations, examinations or 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 presenthours where feasible. Buyer agrees to conduct all examinations and surveys of the Property in a manner that will not unreasonably harm or damage the Property or cause any claim adverse to Seller or default under any LeaseProperty, and agrees to restore the Property to its substantially the same existing condition immediately prior to any such examinations or surveys immediately after conducting the sameif Closing does not occur. Buyer hereby indemnifies and holds Current Owner and Seller harmless from and against to the extent 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 or any termination of this Agreement without the Closing having occurred. Buyer shall maintain and shall ensure that Buyer’s consultants and contractors maintain commercial general liability insurance in an amount not less than One Million and No/100 Dollars ($1,000,000), but combined single limit, and in form and substance adequate to insure against all liability of Buyer and its consultants and contractors, respectively, and each of their respective agents, employees and contractors, arising out of inspections and testing of the Property or any part thereof made on Buyer’s behalf. Buyer agrees to provide to Current Owner and Seller a certificate of insurance with regard to each applicable liability insurance policy prior to any entry upon the Property by Buyer or its consultants or contractors, as the case may be, pursuant to this Agreement. Notwithstanding the foregoing, in no event shall not include Buyer have any losses liability to Current Owner or claims arising from the mere discovery of a Seller, nor any obligation to indemnify, defend or hold Current Owner, Seller or their related parties harmless with respect to (i) pre-existing conditionconditions upon the Property, and/or (ii) the grossly negligent or willful actions of Current Owner, Seller or parties under such entities’ control, and/or (iii) damage to the Improvements, but only to the extent BR-TBR Owner acquires the Property.