Common use of INSPECTION CONTINGENCY Clause in Contracts

INSPECTION CONTINGENCY. (i) Buyer shall, during the period ("Inspection Period") from the date of this Agreement to the date occurring forty-five (45) days thereafter, have the opportunity to examine the Property, the Tenant Lease, the Policy, the Permitted Encumbrances, any items to be delivered by Seller to Buyer, and to conduct such other inspections as Buyer, in its discretion, may elect. (ii) Seller acknowledges that Buyer may commission, prior to Closing, at Buyer's sole cost and expense, an investigation of without limitation: compliance with environmental laws, the presence of contaminants on, over, under, migrating from or affecting the Property. (iii) Seller will cooperate with Buyer and Buyer's agents in Buyer's investigation, including without limitation: (A) complying with requests for information and records; (B) warranting that responses to such requests are true and complete; (C) assisting Buyer in obtaining governmental agency or other records and upon Buyer's request communicating directly with any governmental agencies; and (D) granting Buyer access to the Property including, without limitation, access for collecting surface or subsurface samples of soil, vegetation or water, or samples from buildings and other improvements located on the Property, including samples from walls, floors, ceilings, plenums, paved areas and other areas the taking of which samples may necessitate some damage to the buildings, other improvements, and installing groundwater monitoring xxxxx. (iv) Buyer shall have the right, at Buyer?s sole option, to terminate this Agreement (for any reason whatsoever) on or prior to the second business day to occur after the date on which the Inspection Period ends. (v) Unless and until Closing is completed, Buyer shall maintain the results of all environmental tests performed on Buyer?s behalf in a confidential manner; provided, however, that the obligations of Buyer pursuant to this subparagraph 14(c)(v) shall not limit or prohibit the right of Buyer to disclose such tests and/or results to: the Title Company; Buyer?s attorneys, accountants and other professional representatives; any party providing financing or equity funds to Buyer; any assignee of Buyer?s rights under this Agreement; or any partner or joint venturer of Buyer or any party performing due diligence testing on behalf of Buyer. (vi) If Buyer terminates this Agreement pursuant to the provisions of this Section 14(c), then Buyer shall deliver to Seller copies of any then completed surveys, title commitments and/or environmental surveys with respect to the Property obtained by Buyer.

INSPECTION CONTINGENCY. (i) Buyer shall, during the period ("Inspection Period") from the date of this Agreement to the date occurring forty-five (45) days thereafterNovember 3, 1997 until December 17, 1997, have the opportunity to examine the Property, the Tenant Lease, the Policy, the Permitted Encumbrances, any items to be delivered by Seller to Buyer, and to conduct such other inspections as Buyer, in its discretion, may elect. (ii) Seller acknowledges that Buyer may commission, prior to Closing, at Buyer's sole cost and expense, an investigation of without limitation: compliance with environmental laws, the presence of contaminants on, over, under, migrating from or affecting the Property. (iii) Seller will cooperate with Buyer and Buyer's agents in Buyer's investigation, including without limitation: (A) complying with requests for information and records; (B) warranting that responses to such requests are true and complete; (C) assisting Buyer in obtaining governmental agency or other records and upon Buyer's request communicating directly with any governmental agencies; and (D) granting Buyer access to the Property including, without limitation, access for collecting surface or subsurface samples of soil, vegetation or water, or samples from buildings and other improvements located on the Property, including samples from walls, floors, ceilings, plenums, paved areas and other areas the taking of which samples may necessitate some damage to the buildings, other improvements, and installing groundwater monitoring xxxxx. Seller will not be required to incur any out-of-pocket expenses in connection with its cooperation pursuant to this Section 14(c)(iii) and in the event that this Agreement terminates without Closing, Buyer shall repair any damage to the Property resulting from Buyer?s inspection activities pursuant to this Section 14(c)(iii), at Buyer?s cost. The Buyer?s obligations pursuant to the preceding sentence shall survive a termination of this Agreement as a separately enforceable covenant. (iv) Buyer shall have the right, at Buyer?s sole option, to terminate this Agreement (for any reason whatsoever) on or prior to the second business day to occur after the date on which the Inspection Period ends. (v) Unless and until Closing is completed, Buyer shall maintain the results of all environmental tests performed on Buyer?s behalf in a confidential manner; provided, however, that the obligations of Buyer pursuant to this subparagraph 14(c)(v) shall not limit or prohibit the right of Buyer to disclose such tests and/or results to: the Title Company; Buyer?s attorneys, accountants and other professional representatives; any party providing financing or equity funds to Buyer; any assignee of Buyer?s rights under this Agreement; or any partner or joint venturer of Buyer or any party performing due diligence testing on behalf of Buyer. (vi) If Buyer terminates this Agreement pursuant to the provisions of this Section 14(c), then Buyer shall deliver to Seller copies of any then completed surveys, title commitments and/or environmental surveys with respect to the Property obtained by Buyer.

INSPECTION CONTINGENCY. (i) Buyer shall, during the period ("Inspection Period") from commencing on the date of this Agreement to and ending on the date occurring occuring forty-five (45) days thereafterafter the date of this Agreement, have the opportunity to examine the Property, the Tenant LeaseLeases, the Policy, the Permitted Encumbrances, any items to be delivered by Seller to Buyer, and to conduct such other inspections as Buyer, in its discretion, may elect. (ii) Seller acknowledges that Buyer may commission, prior to Closing, at Buyer's sole cost and expense, an investigation of without limitation: compliance with environmental laws, the presence of contaminants on, over, under, migrating from or affecting the Property. (iii) Seller will cooperate with Buyer and Buyer's agents in Buyer's investigation, including without limitation: (A) complying with requests for information and records; (B) warranting that responses to such requests are true and complete; (C) assisting Buyer in obtaining governmental agency or other records and upon Buyer's request communicating directly with any governmental agencies; and (D) granting Buyer access to the Property including, without limitation, access for collecting surface or subsurface samples of soil, vegetation or water, or samples from buildings and other improvements located on the Property, including samples from walls, floors, ceilings, plenums, paved areas and other areas the taking of which samples may necessitate some damage to the buildings, other improvements, and installing groundwater monitoring xxxxx. Seller will not be required to incur any out-of-pocket expenses in connection with its cooperation pursuant to this Section 14(c)(iii) and in the event that this Agreement terminates without Closing, Buyer shall repair any damage to the Property resulting from Buyer's inspection activities pursuant to this Section 14(c)(iii), at Buyer's cost. The Buyer's obligations pursuant to the preceding sentence shall survive a termination of this Agreement as a separately enforceable covenant. (iv) Buyer shall have the right, at Buyer?s Buyer's sole option, to terminate this Agreement (for any reason whatsoever) on or prior to the second business day to occur after the date on which the Inspection Period ends. (v) Unless and until Closing is completed, Buyer shall maintain the results of all environmental tests performed on Buyer?s behalf in a confidential manner; provided, however, that the obligations of Buyer pursuant to this subparagraph 14(c)(v) shall not limit or prohibit the right of Buyer to disclose such tests and/or results to: the Title Company; Buyer?s attorneys, accountants and other professional representatives; any party providing financing or equity funds to Buyer; any assignee of Buyer?s rights under this Agreement; or any partner or joint venturer of Buyer or any party performing due diligence testing on behalf of Buyer. (vi) If Buyer terminates this Agreement pursuant to the provisions of this Section 14(c), then Buyer shall deliver to Seller copies of any then completed surveys, title commitments and/or environmental surveys with respect to the Property obtained by Buyer.

INSPECTION CONTINGENCY. (i) Buyer shall, during the period ("Inspection Period") from the date of this Agreement to the date occurring forty-five (45) days thereafterafter the date of this Agreement, have the opportunity to examine the Property, the Ground Leases, the Tenant LeaseLeases, the Policy, the Permitted Encumbrances, any items to be delivered by Seller to Buyer, and to conduct such other inspections of the Property as Buyer, in its discretion, may elect. (ii) Seller acknowledges that Buyer may commission, prior to Closing, at Buyer's sole cost and expense, an investigation of (without limitation) of: compliance with environmental laws, the presence of contaminants on, over, under, migrating from or affecting the Property. (iii) Seller will cooperate with Buyer and Buyer's agents in Buyer's investigation, including without limitation: (A) complying with requests for information and records; (B) warranting that responses to such requests are true and complete; (C) assisting Buyer in obtaining governmental agency or other records and upon Buyer's request communicating directly with any governmental agencies; and (D) granting Buyer access to the Property including, without limitation, access for collecting surface or subsurface samples of soil, vegetation or water, or samples from buildings and other improvements located on the Property, including samples from walls, floors, ceilings, plenums, paved areas and other areas the taking of which samples may necessitate some damage to the buildings, which damage shall be repaired by Buyer, at Buyer's sole cost and expense, other improvements, and installing groundwater monitoring xxxxx. (iv) Buyer shall have the right, at Buyer?s Buyer's sole option, to terminate this Agreement (for any reason whatsoever) on or prior to the second business day to occur after the date on which the Inspection Period ends. (v) Unless and until Closing is completed, Buyer shall maintain the results of all environmental tests performed on Buyer?s behalf in a confidential manner; provided, however, that the obligations of Buyer pursuant to this subparagraph 14(c)(v) shall not limit or prohibit the right of Buyer to disclose such tests and/or results to: the Title Company; Buyer?s attorneys, accountants and other professional representatives; any party providing financing or equity funds to Buyer; any assignee of Buyer?s rights under this Agreement; or any partner or joint venturer of Buyer or any party performing due diligence testing on behalf of Buyer. (vi) If Buyer terminates this Agreement pursuant to the provisions of this Section 14(c), then Buyer shall deliver to Seller copies of any then completed surveys, title commitments and/or environmental surveys with respect to the Property obtained by Buyer.