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.
Appears in 4 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
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 Buyer agrees to indemnify, defend and hold the Seller harmless for, from and against any liability and/or damages caused by Xxxxx 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 ClosingClose of Escrow. All expenses incurred in connection with the exercise of such license by Buyer shall be the responsibility of Buyer.
Appears in 2 contracts
Samples: Purchase and Sale Agreement And, Purchase and Sale Agreement And
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 Buyer agrees to indemnify, defend and hold the Seller harmless for, from and against any liability and/or damages caused by Xxxxx 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.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Examination of Property. (a) Upon making giving prior arrangements with notice to 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 Buyer agrees to indemnify, defend and hold the Seller harmless for, from and against any liability and/or damages caused by Xxxxx 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 ClosingClose of Escrow. All expenses incurred in connection with the exercise of such license by Buyer shall be the responsibility of Buyer.
Appears in 1 contract
Samples: Purchase and Sale Agreement And