Common use of Conduct of Inspections Clause in Contracts

Conduct of Inspections. (a) Any entry by Buyer onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations and the terms of any Leases so as to avoid any material interference with the operations and occupancy of the Property and to avoid any material disturbance of any of the Tenants or the possessory rights of any of the Tenants. Buyer shall promptly restore the Property to its previous condition before any such inspections, studies, or tests were performed. (b) Buyer or its agents may undertake borings or other disturbances of the soil with Seller's prior written approval (not to be unreasonably withheld), provided that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken. (c) Notwithstanding any general liability or other insurance that may be maintained by Buyer, Buyer hereby agrees to indemnify, defend and hold harmless Seller and its partners and its and their partners, shareholders, directors, officers, employees, and agents and all Tenants from and against any claims, losses or damages (including attorneys' fees and costs) arising from or in connection with the due diligence and inspection activities conducted on the Property by Buyer and or its agents, including, without limitation, any damages to the Property or any property of any Tenant arising from or relating to any inspections, studies or tests performed by Buyer or its agents. The foregoing indemnification obligation of Buyer shall survive any termination of this Agreement or the delivery of the Deed and the Ground Lease Assignment, and the transfer of title to the Property. If this Agreement is terminated, Buyer shall deliver to Seller, upon Seller's payment of Buyer's costs therefor, the results and copies of any and all surveys, reports, tests or studies made by or for Buyer with respect to the Property.

Conduct of Inspections. (a) Any entry by Buyer onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations and the terms of any Leases so as to avoid any material interference with the operations and occupancy of the Property and to avoid any material disturbance of any of the Tenants or the possessory rights of any of the Tenants. Buyer shall promptly restore the Property to its previous condition before any such inspections, studies, or tests were performed. (b) So long as no construction warranties will be voided or adversely affected thereby, Buyer or its agents may undertake borings or other disturbances of the soil with Seller's prior written approval (not to be unreasonably withheld), provided that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken. (c) Notwithstanding any general liability or other insurance that may be maintained by Buyer, Buyer hereby agrees to indemnify, defend and hold harmless Seller and its partners members and its and their members, partners, shareholders, directors, officers, employees, and agents and all Tenants from and against any claims, losses or damages (including attorneys' fees and costs) arising from or in connection with the due diligence and inspection activities conducted on the Property by Buyer and or and/or its agents, including, without limitation, any damages to the Property or any property of any Tenant arising from or relating to any inspections, studies or tests performed by Buyer or its agents. The foregoing indemnification obligation of Buyer shall survive any termination of this Agreement or the delivery of the Deed and the Ground Lease Assignment, and the transfer of title to the Property. If this Agreement is terminatedterminated for any reason, Buyer shall (i) deliver to Seller, upon Seller's payment of Buyer's costs therefor, Seller the results and copies of any and all surveys, reports, tests or studies made by or for Buyer with respect to the PropertyProperty (upon Seller's payment of Buyer's costs therefor if Seller's default is the cause of such termination), and (ii) return to Seller all items relating to the Property which Seller has delivered or caused to be delivered to Buyer.

Conduct of Inspections. (a) Any entry by Buyer onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations and the terms of any Leases in a manner so as to avoid any material interference with the operations and occupancy of the Property and to avoid any material disturbance of any of the Tenants or the possessory rights of any of the TenantsProperty. Buyer shall promptly restore the Property to its previous condition before any such inspections, studies, or tests were performed. (b) Buyer or its agents may undertake borings or other disturbances of the soil with Seller's prior written approval (not to be unreasonably withheld)approval, provided that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken. (c) Notwithstanding any general liability or other insurance that may be maintained by Buyer, Buyer hereby agrees to indemnify, defend and hold harmless Seller and its partners and its and their partners, shareholders, directors, officers, employees, and agents and all Tenants from and against any claims, losses or damages (including attorneys' fees and costs) arising directly from or in connection with the due diligence and inspection activities conducted on the Property by Buyer and or its agents, including, without limitation, any damages to the Property or any property of any Tenant arising from or relating to any inspections, studies or tests performed by Buyer or its agents. Notwithstanding the foregoing, Buyer shall have no liability of any kind for conditions discovered (but not caused by) Buyer's inspections, studies or tests. The foregoing indemnification obligation of Buyer shall survive any termination of this Agreement or the delivery of the Deed and the Ground Lease Assignment, and the transfer of title to the Property. If this Agreement is terminated, Buyer shall deliver to Seller, upon at no cost to Seller's payment of Buyer's costs therefor, the results and copies of any and all surveys, reports, tests or studies made by or for Buyer with respect to the Property.

Conduct of Inspections. (a) Any entry by Buyer Company onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations and the terms of any Leases so as to avoid any material interference with the operations and occupancy of the Property and to avoid any material disturbance of any of the Tenants or the possessory rights of any of the Tenants. Buyer Company shall promptly restore the Property to its previous condition before any such inspections, studies, or tests were performed. (b) Buyer Company or its agents may undertake borings or other disturbances of the soil with SellerContributor's prior written approval (not to be unreasonably withheld), provided that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken. (c) Notwithstanding any general liability or other insurance that may be maintained by BuyerCompany, Buyer Company hereby agrees to indemnify, defend and hold harmless Seller Contributor and its partners and its and their partners, shareholders, directors, officers, employees, and agents and all Tenants from and against any claims, losses or damages (including attorneys' fees and costs) arising from or in connection with the due diligence and inspection activities conducted on the Property by Buyer Company and or its agents, including, without limitation, any damages to the Property or any property of any Tenant arising from or relating to any inspections, studies or tests performed by Buyer Company or its agents. The foregoing indemnification obligation of Buyer Company shall survive any termination of this Agreement or the delivery of the Deed and the Ground Lease AssignmentDeed, and the transfer of title to the Property. If this Agreement is terminated, Buyer Company shall deliver to SellerContributor, upon Seller's payment within ten (10) Business Days of Buyer's costs thereforsuch termination, the results and copies of any and all surveys, reports, tests or studies made by or for Buyer Company with respect to the Property.

Conduct of Inspections. (a) Any entry by Buyer onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutesstatues, rules and regulations and the terms of any Leases so as to avoid any material interference with the operations and occupancy of the Property and to avoid any material disturbance of any of the Tenants or the possessory rights of any of the Tenants. Buyer shall promptly restore the Property to its previous condition before any such inspections, studies, or tests were performed. (b) Buyer or its agents may undertake borings or other disturbances of the soil with Seller's prior written approval (not to be unreasonably withheld), provided that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken. (c) Notwithstanding any general liability or other insurance that may be maintained by Buyer, Buyer hereby agrees to indemnify, defend and hold harmless Seller and its partners and its and their partners, shareholders, directors, officers, employees, and agents and all Tenants from and against any claims, losses or damages (including attorneys' fees and costs) arising from or in connection with the due diligence and inspection activities conducted on the Property by Buyer and or its agents, including, without limitation, any damages to the Property or any property of any Tenant arising from or relating to any inspections, studies or tests performed by Buyer or its agents. The foregoing indemnification obligation of Buyer shall survive any termination of this Agreement or the delivery of the Deed and the Ground Lease Assignment, and the transfer of title to the Property. If this Agreement is terminated, Buyer shall deliver to Seller, upon Seller's payment of Buyer's costs therefor, the results and copies of any and all surveys, reports, tests or studies made by or for Buyer with respect to the Property.