Common use of Conditions of Conducting Due Diligence Clause in Contracts

Conditions of Conducting Due Diligence. Purchaser’s right to conduct due diligence on, at or otherwise with respect to the Property prior to the Closing Date shall be subject to Purchaser’s continuing compliance with the advance notice described in Section 6(d) and each and all of the following conditions: (i) all such due diligence shall be conducted in a manner that is not disruptive to tenants or other temporary occupants at the Property; (ii) any contact or communication with any tenants (present or prospective) of the Property or their home office(s) shall be made only after giving advance notice to Seller of Purchaser’s intent to make such contact or communication and such contact or communication shall be limited to matters concerning the operation of the Shopping Center or the respective tenant’s lease, and in all cases, such contact and communications shall be made in a professional and confidential manner; (iii) Purchaser shall at all times strictly comply with all laws, ordinances, rules and regulations applicable to the Property and shall not engage in any activities that would violate permits, licenses, environmental, wetlands or other regulations pertaining to the Property; (iv) promptly after entry onto the Property, Purchaser shall restore or repair, to Seller’s reasonable satisfaction, any damage thereto caused by or otherwise arising from any act or omission by Purchaser, its agents, representatives or contractors; (v) neither Purchaser nor its agents, representatives or contractors shall engage in any activities that would cause Seller’s rights, title, interests or obligations in or relating to the Property to be adversely affected in any way, including, without limitation, the assertion of any mechanic’s liens, and Purchaser shall, without limitation, immediately remove and bond over any liens, notices and claims of liens or other matters affecting the Property which are caused by the acts or omissions of Purchaser, its agents, representatives or contractors; and (vi) Purchaser shall bear all costs and expenses of its due diligence with respect to the Property and Seller shall have no obligation to pay for and/or reimburse Purchaser for any of such costs and expenses, whether or not the sale of the Property pursuant to this Agreement actually closes.