Examination of Property. Seller and Buyer hereby agree as follows:
(a) Buyer shall order a title commitment (the “Title Commitment”) for the Property from Escrow Agent promptly after the Effective Date. All matters shown in the Title Commitment with respect to which Buyer fails to object prior to the expiration of the First Due Diligence Period shall be deemed “Permitted Exceptions”. However, Permitted Exceptions shall not include any mechanic’s lien or any monetary lien, or any deeds of trust, mortgage, or other loan documents secured by the Property, (collectively, “Liens”). Seller shall be required to cure or remove all Liens (by payment, bond deposit or indemnity acceptable to Escrow Agent). Seller agrees to remove or cure any objections of Buyer which are of a nature that are capable of being cured with reasonable efforts prior to Closing. Seller shall, within five (5) days following receipt of Buyer’s title objections, if any, notify Buyer of any objections which Seller elects not to remove or cure. Notwithstanding anything to the contrary, Seller has no obligation to take any steps, bring any action, or incur any costs, effort or expenses whatsoever regarding any such title objections. In the event that Seller refuses to remove or cure any objections, Buyer shall have the right to terminate this Agreement upon written notice to Seller given within five (5) days after receipt of Seller’s notice, upon which termination the Xxxxxxx Money shall be returned to Buyer and neither party shall have any further obligation hereunder, except as otherwise expressly set forth herein. If any matter not revealed in the Title Commitment is discovered by Buyer or by the Escrow Agent and is added to the Title Commitment by the Escrow Agent at or prior to Closing, Buyer shall have until the earlier of (i) ten (10) days after the Buyer’s receipt of the updated, revised Title Commitment showing the new title exception, together with a legible copy of any such new matter, or (ii) the date of Closing, to provide Seller with written notice of its objection to any such new title exception (an “Objection”). If Buyer provides Seller with such written notice regarding any new matter added to the Title Commitment pursuant to this Section, the Closing Date shall be automatically extended for a reasonable time and Seller shall be automatically provided a reasonable time to remove or cure any such objection prior to the Closing Date. If Seller does not remove or cure such Objection prior to the Closing Dat...
Examination of Property. Seller and Buyer hereby agree as follows:
Examination of Property. BUYER HAS EXAMINED THE PROPERTY TO BUYER'S COMPLETE SATISFACTION AND KNOWS ITS CONDITION. IN PURCHASING THE PROPERTY, BUYER RELIES ONLY ON BUYER'S EXAMINATION AND JUDGMENT, NOT ON THE REPRESENTATION OF SELLER OR ANY OTHER PERSON AS TO VALUE, FUTURE VALUE, CONDITION, SIZE, AGE, USE, ENVIRONMENTAL CONDITION, OR ANY OTHER MATTER. BUYER ACKNOWLEDGES THAT IN SELLING THE PROPERTY, SELLER MAKES NO WARRANTIES OTHER THAN TITLE. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE THE CLOSING.
Examination of Property. (a) Upon making prior arrangements with the Seller, Buyer, its agents or employees may enter upon the Property for the purposes of inspecting the Property, conducting environmental, soil, engineering, structural and other tests as Buyer may deem necessary. Buyer shall restore the affected portion of the Property to its condition prior to the performance of such studies or inspections. Xxxxx agrees to indemnify, defend and hold the Seller harmless for, from and against any liability and/or damages caused by Xxxxx in exercising the foregoing license (unless arising from Seller’s gross negligence or willful misconduct), including, but not limited to any and all costs, expenses and attorneys; fees, through all mediation, arbitration, trial and appellate proceedings, and agrees that this obligation to indemnify shall survive any termination of this Agreement and the Closing. All expenses incurred in connection with the exercise of such license by Buyer shall be the responsibility of Buyer.
(b) Notwithstanding any provisions to the contrary, Buyer may terminate this Agreement for any reason, by either delivering written notice of such termination to Seller on or before last day of the Feasibility Period. The period between the Opening Date and the date that is thirty (30) days thereafter shall be the “Feasibility Period.” If Buyer elects to terminate this Agreement on or before the expiration of the Feasibility Period, the Down Payment shall be returned to Buyer and neither party shall have any further rights or obligations hereunder except for those rights and obligations that survive termination of this Agreement or the Close of Escrow as provided in this Agreement.
Examination of Property. You shall always permit us to inspect the damaged property before authorizing repairs thereto.
Examination of Property. Tenant has occupied the Property since it was built and is familiar with its present condition. Tenant agrees to accept the Property in its current AS-IS condition except for Landlord’s maintenance, repair and replacement obligations set forth in the first sentence of paragraph 10 below, entitled Maintenance and Repair. Landlord makes no warranties of any kind, express or implied, regarding the Property, its condition, or its potential uses.
Examination of Property. (a) Upon making prior arrangements with the Seller, Buyer, its agents or employees may enter upon the Property for the purposes of inspecting the Property, conducting environmental, soil, engineering, structural and other tests as Buyer may deem necessary. Buyer shall restore the affected portion of the Property to its condition prior to the performance of such studies or inspections. Buyer agrees to indemnify, defend and hold the Seller harmless for, from and against any liability and/or damages caused by Buyer in exercising the foregoing license (unless arising from Seller’s gross negligence or willful misconduct), including, but not limited to any and all costs, expenses and attorneys; fees, through all mediation, arbitration, trial and appellate proceedings, and agrees that this obligation to indemnify shall survive any termination of this Agreement and the Closing. All expenses incurred in connection with the exercise of such license by Buyer shall be the responsibility of Buyer.
(b) Notwithstanding any provisions to the contrary, Buyer may terminate this Agreement for any reason, by either delivering written notice of such termination to Seller on or before last day of the Feasibility Period. The period between the execution of this Agreement and the date thirty (30) days after the Down Payment is made shall be the “Feasibility Period.”.
Examination of Property. It is expressly understood by Seller that, during the term of this Agreement, Buyer intends to undertake preliminary investigation for the development of the Property, as follows:
A. From and after the date hereof, Buyer, and its representatives, shall have the right to enter upon the Property for the purpose of surveying, conducting soil tests thereon, and making such other physical inspection thereof as Buyer deems necessary or appropriate; provided, however, that in the course of such activities, Buyer shall make no visible improvements to or changes in the property prior to the Date of Closing, and shall repair any damage or disturbance caused by Buyer's activities. Any inspection of Buyer pursuant to this section shall not be construed so as to waive or limit any of Buyer's rights or remedies hereunder.
B. Buyer hereby agrees to hold Seller harmless from liabilities that may arise out of Buyer's presence on the Property prior to the Date of Closing.
Examination of Property. EPC Contractor represents and warrants that (i) it has visited and inspected the Property, including the Project Site, and has become familiar with all conditions under which the Work is to be performed, has correlated, and shall continue to correlate, all personal observations with the requirements of the Contract Documents, and shall make any necessary adjustments or corrections resulting therefrom, and (ii) the conditions under which the Work will be performed will not hinder EPC Contractor from fulfilling its obligations under this Agreement. To the extent that Client becomes aware of any material change in the 1 Default language to use so there is a performance guaranty without requiring O&M
Examination of Property. Contributor and Acquiror hereby agree as follows:
