Buyer’s right to inspect. [A] Buyer need not buy the Computer [B] if Seller does not allow Buyer to perform commercially-reasonable [C] testing for malware on the Computer before the Closing. 225 226 227 228 [A] This is a “due diligence” clause allowing Xxxxx to get at least some assurance that the 229 Computer is as Seller says it is. ¶ In this course you will hear me use a saying from the U.S. 230 Navy’s nuclear-propulsion program, in which I served: “You get what you inspect, not what you 231 expect.” 232 [B] As with section 5, this is a condition, not a covenant (that is, it’s a prerequisite, 233 not a promise). Thus, if Seller were to fail to allow Buyer to perform malware testing, then 234 Xxxxx’s only remedy would be to walk away, because Xxxxxx does not commit here to allow 235 Buyer to do such testing. 236 [C] The term “commercially reasonable” is often used as an alternative to defining specific 237 standards. Some purists might say it’s a cop-out, because it’s vague and thus likely would re- 238 quire a trial to determine the facts. In proper circumstances, though, the business risk of using 239 the term might well be worth taking — and ultimately a contract is not about doctrinal purity, 240 but about getting business done in a manner that the client judges to involve acceptable risk.
Buyer’s right to inspect. BUYER acknowledges and agrees it is BUYER’S sole responsibility to obtain inspection reports from qualified professionals on the Property including, but not limited to, the existence or extent of any Defects or any other factors regarding the Property or its condition that BUYER deems material or may have questions about. BUYER (does / ) (does not / ) elect to obtain inspections If BUYER elects to obtain inspections, the sale of the Property may be contingent upon BUYER’S acceptance of the Property, following the inspection(s). However, BUYER’S acceptance will not be unreasonably withheld. If the Closing Agent is not notified by BUYER, in writing, to the contrary on or before 10 calendar days from the effective date in the contract of sale, then this contingency will be deemed removed automatically. If BUYER does not elect to obtain any additional inspections, BUYER understands and acknowledges that BUYER thereby waives the right to obtain additional inspections at BUYER's expense and agrees to hold SELLER, its employees and agents harmless from any consequences that may result from BUYER's election not to secure such additional inspections. BUYER acknowledges that the BUYER's decision to purchase is based solely upon the BUYER's own inspections, if any, and analysis of the Property.
Buyer’s right to inspect. (a) Any time prior to Closing, Buyer has the right to inspect any and all of Corporation's books, records, accounts, financial information, ledgers, and the like. Sellers shall cause Corporation to allow Buyer access to said information during reasonable business hours.
(b) Buyer shall have the right to inspect all of the Properties owned by Sellers which constitute a part of the Businesses, including the right to enter onto any such Properties and conduct physical tests and inspections of the condition thereof. Prior to conducting physical testing of any of the Properties, Buyer shall obtain the consent of Sellers, which consent shall not be unreasonably withheld, and shall provide a certificate showing evidence of liability insurance coverage in a minimum amount of $1,000,000.00, naming Sellers and Corporation as additional insureds. Sellers shall also make available to Buyer all of Seller's records concerning the Properties.
Buyer’s right to inspect. Buyer may inspect the Premises and the personal property to verify their condition; inspect the blueprints, construction documents, records, and other relevant documents of Seller, if any and as appropriate; and arrange for any inspections, audits, and appraisals that Buyer deems necessary for a period of ___ days from the effective date of this Agreement. All inspections, audits, and appraisals that Buyer requests shall be at Buyer’s expense, but Seller shall give reasonable assistance to Buyer or Buyer’s agents in completing the inspections, audits, and appraisals. Buyer shall not unreasonably disturb the tenants or employees of the apartments in undertaking any inspections, audits, or appraisals.
Buyer’s right to inspect. Buyer and any of its authorized representatives shall have the right to inspect the Supply Items concurrent with their Delivery and, upon at least one (1) Business Day’s Notice, may visit Turbine Supplier’s manufacturing facilities and/or assembly facilities for such purpose and may inspect the results of all quality control tests and inspections performed by Turbine Supplier, subject in all cases to Turbine Supplier’s confidentiality requirements and reasonable safety precautions, and so long as such inspection and presence does not unreasonably interfere with or delay the completion or delivery of the Supply Items or Turbine Supplier’s performance of its obligations hereunder.
Buyer’s right to inspect. Prior to the Closing, Buyer, and its attorneys, accountants and agents, may, at Buyer's expense and upon reasonable notice to Seller, inspect the Assets, provided that Buyer and its agents, accountants and attorneys shall use reasonable efforts not to interfere with or disrupt the Seller's operations or employees. It is understood that Buyer's access to the Seller's facilities, records and personnel shall be subject to such restrictions and limitations as Seller believes to be necessary and appropriate. Buyer agrees that any visits to the facilities in question or direct discussion with Seller’s personnel must be prearranged directly through the President of Guarantor.
