Entry Upon Property. After execution of this Agreement, Buyer and its designated agents and independent contractors shall have the right to enter upon the Property to conduct surveys, soils tests, physical inspections, investigations and studies so long as Buyer has provided prior reasonable notice of such entry to Seller and such activities will not interfere with Seller's ownership and maintenance of the Property. Seller and Seller's
Entry Upon Property. Prior to the Close of Escrow, Buyer and its designated agents and independent contractors shall have the right to enter upon the Property to conduct surveys, soils and environmental tests, investigations and studies. Notwithstanding the foregoing, Buyer’s entry rights shall be subject to providing Seller at least two (2) days written notice, and Seller and Seller’s agents shall cooperate with Buyer in such inspection activities. Prior to entering the Property, Buyer shall provide to Seller proof of insurance satisfactory to Seller that Buyer has in effect, at all times when Buyer is authorized to enter the Property, commercial general liability insurance in a minimum amount of $1,000,000, combined single limit per occurrence, insuring Buyer against claims for personal injury, death, and property damage or destruction. Seller shall be named as an additional insured on such policy. Buyer agrees to repair any damage caused by Buyer or its agents or independent contractors to the Property and further agrees to indemnify, hold harmless and defend Seller for, from and against any claims, costs, expenses, losses, attorneys’ fees and liabilities (including, but not limited to, claims of mechanics’ liens) asserted against Seller as a result of the conduct of acts or omissions of Buyer or its employees or agents on the Property. This indemnity shall survive termination of this Agreement.
Entry Upon Property. After execution of this Agreement, Buyer and its designated agents and independent contractors shall have the right to enter upon the Property to conduct surveys, soils tests, physical inspections, investigations and studies so long as Buyer has provided prior reasonable notice of such entry to Seller and such activities will not interfere with Seller's ownership and maintenance of the Property. Seller and Seller's agents shall reasonably cooperate with Buyer, provided that such investigations and studies shall be at the sole cost and expense of Buyer. Buyer agrees to repair any damage caused by Buyer or its agents or independent contractors to the Property and further agrees to indemnify, protect, defend (with legal counsel acceptable to both Buyer and Seller) and hold Seller harmless from and against any costs, expenses, losses, attorneys' fees and liabilities (including, without limitation, claims of mechanics' liens) incurred or sustained by Seller either prior or subsequent to the Close of Escrow as a result of the conduct of Buyer, its agents, or independent contractors under this Section 6.4. The covenants contained in this Section 6.4 shall survive the Close of Escrow or earlier termination of this Agreement. 6.5
Entry Upon Property. Licensee shall notify RBMN’s Real Estate Department, at least fourteen (14) working days in advance before entering upon or starting any work upon RBMN property. No entry or use of RBMN property will be permitted until this License is signed, charges hereunder paid, evidence of any insurance coverage required under Paragraph 10 hereof has been received and accepted by RBMN, and permission received from the Real Estate Department.
Entry Upon Property. Buyer shall not be permitted to enter, occupy, inspect or take possession of the Property or make any alterations of, or additions to, any interior or exterior improvements thereon until after the Close of Escrow without the prior written approval of the Seller. Xxxxx's entry onto the Property prior to the Close of Escrow to perform or complete any work on or to the Property without Seller's express prior written consent shall constitute a default under this Agreement. Buyer will indemnify and defend Seller and its officers, directors, shareholders, members, partners, employees, contractors, agents, successors and assigns from and against any liability, loss, cost, damage, injury or claim of any nature whatsoever, including attorneys’ fees and costs, resulting from or arising in connection with any such entry.
Entry Upon Property. Grantor agrees that Grantee and its agents, contractors and employees shall have the right during the Option Term to enter upon the Property for the purposes of making inspections, obtaining surveys, performing soil and environmental testing, or for any other purposes as are deemed necessary or appropriate by Grantee to the development of an Easement Plan detailing the pipeline to be constructed. Grantee shall consult with Grantor concerning the Easement Plan and the Grantor shall be afforded the opportunity to provide input related to the plan’s development. Grantee hereby covenants and agrees to indemnify and hold harmless Grantor from any and all loss, liability, cost, claims, demands, damages, actions, causes of action and suits arising out of liens, damages to Property or personal injury or death caused by exercise by Grantee of Grantee’s rights under this Section 5. Notwithstanding the foregoing, in no event shall Grantee have any liability to Grantor nor any obligation to indemnify, defend or hold Grantor or its related Parties harmless with respect to (i) pre-existing conditions upon the Property and/or (ii) the negligent or willful actions of Grantor or Parties under Grantor’s control.
Entry Upon Property. Lessor may enter upon the Property upon reasonable notice and may be escorted at Xxxxxx's option, for any purpose necessary, incidental to or connected with the exercise of its governmental functions, or to inspect the Property for compliance with all applicable laws, rules, regulations and covenants hereunder or to prevent waste, loss or destruction.
Entry Upon Property. Lender may enter upon the Leased Premises and inspect the same at any reasonable time upon reasonable prior notice to Lessee, provided that any such entry and inspection are undertaken at a time and in a manner which is least disruptive to Lessee's business operations within the Leased Premises as is reasonably practicable under the circumstances.
Entry Upon Property. During the Contingency Period, Lessor hereby grants to Lessee the right to enter upon the Demised Premises, during normal business hours or at such other reasonable times, for the purpose of making surveys, drilling for soil tests, doing engineering or structural studies, and for any other reasonable purpose to determine the suitability of the Demised Premises for the construction and operation of Improvements, as that term is defined in Section 2.1 hereof. Lessee agrees to indemnify and hold Lessor free and harmless from any and all costs or liability incurred by reason of Lessee entering upon the Demised Premises for the aforesaid purposes. If the Initial Term does not commence because the events described in Section 3.1(a) and (b) hereof do not occur, Lessee shall restore, to the extent reasonably practicable, the Demised Premises to substantially the same condition that existed prior to said studies if, and to the extent of, any damage caused by Lessee’s testing.
Entry Upon Property. Buyer and Buyer’s agents and representatives shall have the right from the Effective Date until Closing, at reasonable times, upon 24 hours prior Notice to Seller, subject to the rights of the Tenants and the rights of third parties under the Assumed Contracts, to enter upon the Property for any purpose in connection with Buyer’s proposed purchase and/or operation of the Property, including the right to make such inspections as Buyer may elect to make or obtain, at Buyer’s sole cost and expense and, upon expiration of the Due Diligence Deadline, the right to interview Tenants as provided for in Section 7 above; provided, however: (i) no invasive testing (including, but not limited to, any so-called “Phase II” environmental testing) on the Property is permitted, without Seller’s prior written consent, (ii) Seller shall have the right to be present at such site visit(s), and (iii) under no circumstances shall Buyer or its agents or representatives violate the confidentiality requirements of Section 23 below. BUYER HEREBY INDEMNIFIES SELLER FROM ANY AND ALL LIABILITIES AND LOSSES (INCLUDING MECHANICS’ LIENS) ARISING OUT OF ANY SUCH ENTRY ONTO THE PROPERTY BY BUYER OR ITS AGENTS, OR REPRESENTATIVES; PROVIDED, HOWEVER, THAT BUYER’S INDEMNITY SHALL NOT EXTEND TO OR COVER ANY LIABILITIES OR LOSSES (I) ARISING OUT OF OR ATTRIBUTABLE TO A DIMINUTION IN THE VALUE OF THE PROPERTY AS A CONSEQUENCE OF THE RESULTS REVEALED BY THE TESTS, INSPECTIONS, AND STUDIES CONDUCTED BY BUYER OR (II) THE DISCOVERY, EXPOSURE, OR RELEASE OF HAZARDOUS SUBSTANCES OR MATERIALS EXISTING IN, ON OR UNDER THE SURFACE OF THE PROPERTY AS OF THE DATE SUCH INSPECTIONS ARE CONDUCTED BY OR ON BEHALF OF BUYER. THIS SECTION 8 WILL SURVIVE CLOSING OR THE TERMINATION OF THIS AGREEMENT.
