Due Diligence and Inspections. It is the responsibility of the Lessee, at the Lessee’s sole expense, to satisfy itself, prior to the execution of this Lease or as provided herein, as to the condition of the Property subject to this Lease or has provided herein, as to the condition of the Property subject to this Lease, without limitation, permitted land uses, zoning codes, building regulations, height limitations, setbacks, applicable building codes, permits, soil conditions, and environmental conditions (the Lessee, at the Lessee’s sole expense, may obtain any environmental tests that it deems necessary including Environmental Phase I or Phase II Reports as part of its due diligence). In connection with any and all inspections performed by or for the Lessee, the Lessee shall indemnify and hold harmless the Lessor for any damage or injury done to the Land, the Property and Improvements, or the property of others as a consequence of such inspections(s) and the Lessee shall promptly repair or have repaired in good workmanship manner such damage caused.
Due Diligence and Inspections. 2.5.1 Notwithstanding Section 2.3, on or before sixty (60) days from the Effective Date (the “Due Diligence Period”), Developer shall conduct an inspection of the Property and a review of the information relating to the Property and satisfy itself with respect to the condition of and other matters related to the Property and its suitability for Buyer’s intended use.
2.5.2 Developer may conduct due diligence and inspections of the Property and the Project, including such physical, legal, and engineering inspections, tests, and investigations as it may deem necessary or desirable, including soils and environmental studies. Such studies and investigations may include, without limitation, zoning, land use, environmental, design review, covenants, conditions and restrictions, financing, leasing markets, project feasibility and related matters. The results of all soil tests, surveys, environmental site assessments, and other investigations of the Property undertaken by Developer shall not be disclosed to any third party or other governmental entity without the prior written consent of the City, unless such disclosure is required by law or is required in connection with obtaining any necessary permits or approvals; provided, however, that Developer shall be permitted to disclose such results to its design professionals, consultants, attorneys, and potential lenders and investors, provided that such parties have been advised of the foregoing confidentiality obligation.
2.5.3 The scope and cost of the due diligence and inspections shall be the responsibility of Developer. Developer will repair or restore any damage to the Property caused by the entry of or testing by Developer or its agents, contractors, or affiliates. City agrees to cooperate with Developer in connection with Xxxxxxxxx’s due diligence and to provide information and documentation concerning the Property that Developer may request.
2.5.4 Developer shall indemnify, defend and hold the City harmless from and against any claims, damages or liability (including reasonable attorney fees) resulting from Developer’s entry on the Property, and shall repair any damage to the Property caused by the activities of Developer; provided, however, that Developer shall have no obligation to indemnify, defend, or hold harmless the City from any condition of the Property discovered by Developer, nor from any losses, including, without limitation, loss of marketability of the Property, as a consequence of such discover...
Due Diligence and Inspections
