Common use of INSPECTION CONTINGENCY Clause in Contracts

INSPECTION CONTINGENCY. The obligation of Buyer to close hereunder shall be, and hereby is, conditioned upon Buyer’s waiver of or satisfaction in its sole discretion with, during the Inspection Contingency Period, the condition of the Property. As used herein, the term “Inspection Contingency Period” shall mean and refer to the period beginning with the Effective Date and ending at 5:00 p.m. Pacific time on January 15, 2014. On or before ten (10) days after the Effective Date, Seller shall provide to Buyer the documents listed in Exhibit D hereto and shall make available to Buyer any and all other documents and materials in Seller’s possession related to the ownership, management, construction, maintenance and operation of the Property (the “Due Diligence Materials”). During the Inspection Contingency Period, Buyer will have the right to perform inspections of the Property at Buyer’s expense, including the right to obtain and review environmental reports and to make or have made such inspections of the Property and all factors relevant to its use with respect to environmental matters, including, without limitation, the condition of the soils and sub surfaces, particularly with respect to the presence or absence of hazardous materials, and to make or have made such other inspections and investigations of the Property as Buyer desires. With respect to any inspection that will require excavations, borings, drilling, removal or demolition of any portion of the Property, or any other invasive activities on the Property (generally, “Invasive Testing”), Buyer shall submit to Seller a written plan describing such Invasive Testing in reasonable detail (an “Invasive Testing Plan”) for Seller’s written approval, which approval shall not be unreasonably withheld; provided however, if Seller disapproves any Invasive Testing, Buyer may terminate this Agreement effective upon giving written notice to Seller of such termination. Buyer may not proceed with any Invasive Testing unless Seller has expressly approved in writing the relevant Invasive Testing Plan, and Buyer shall conduct all Invasive Testing in compliance with the Invasive Testing Plan approved by Seller. Seller shall have the right to have a representative observe any testing activities and to request and receive split samples of any materials collected for analysis by or for Buyer. Buyer shall restore the Property to its original condition promptly after any Invasive Testing, original wear and tear excepted, but in no event later than five (5) business days after any disturbance or damage occurs. If, by the end of the Inspection Contingency Period, Buyer notifies Seller in writing that Buyer is not satisfied with the Property in its then current condition, this Agreement will terminate, whereupon the Deposit will be refunded to Buyer within five (5) business days. This Agreement thereafter will be null and void, and neither party will have any obligation to the other, except as otherwise provided herein. Unless such notice of dissatisfaction is given, the Inspection Contingency will be deemed waived and this Agreement will be binding on Purchaser, subject only to the Additional Contingencies described in Section 4.c. During the Inspection Contingency Period, Buyer shall have:

INSPECTION CONTINGENCY. The obligation of Buyer to close hereunder shall be, and hereby is, conditioned upon BuyerXxxxx’s waiver of or satisfaction in its sole discretion with, during the Inspection Contingency Period, the condition of the Property. As used herein, the term “Inspection Contingency Period” shall mean and refer to the period beginning with the Effective Date and ending at 5:00 p.m. Pacific time on January 15, 2014. On or before ten (10) days after the Effective Date, Seller shall provide to Buyer the documents listed in Exhibit D hereto and shall make available to Buyer any and all other documents and materials in Seller’s possession related to the ownership, management, construction, maintenance and operation of the Property (the “Due Diligence Materials”). During the Inspection Contingency Period, Buyer will have the right to perform inspections of the Property at Buyer’s expense, including the right to obtain and review environmental reports and to make or have made such inspections of the Property and all factors relevant to its use with respect to environmental matters, including, without limitation, the condition of the soils and sub surfaces, particularly with respect to the presence or absence of hazardous materials, and to make or have made such other inspections and investigations of the Property as Buyer desires. With respect to any inspection that will require excavations, borings, drilling, removal or demolition of any portion of the Property, or any other invasive activities on the Property (generally, “Invasive Testing”), Buyer shall submit to Seller a written plan describing such Invasive Testing in reasonable detail (an “Invasive Testing Plan”) for Seller’s written approval, which approval shall not be unreasonably withheld; provided however, if Seller disapproves any Invasive Testing, Buyer may terminate this Agreement effective upon giving written notice to Seller of such termination. Buyer may not proceed with any Invasive Testing unless Seller has expressly approved in writing the relevant Invasive Testing Plan, and Buyer shall conduct all Invasive Testing in compliance with the Invasive Testing Plan approved by Seller. Seller shall have the right to have a representative observe any testing activities and to request and receive split samples of any materials collected for analysis by or for Buyer. Buyer shall restore the Property to its original condition promptly after any Invasive Testing, original wear and tear excepted, but in no event later than five (5) business days after any disturbance or damage occurs. If, by the end of the Inspection Contingency Period, Buyer notifies Seller in writing that Buyer is not satisfied with the Property in its then current condition, this Agreement will terminate, whereupon the Deposit will be refunded to Buyer within five (5) business days. This Agreement thereafter will be null and void, and neither party will have any obligation to the other, except as otherwise provided herein. Unless such notice of dissatisfaction is given, the Inspection Contingency will be deemed waived and this Agreement will be binding on Purchaser, subject only to the Additional Contingencies described in Section 4.c. During the Inspection Contingency Period, Buyer shall have:

INSPECTION CONTINGENCY. The obligation of Buyer's obligations under this Agreement are contingent upon Buyer determining, on or before March 25, 1997 ("Inspection Period"), that the Property is acceptable to close hereunder shall beBuyer. Seller will permit Buyer and Buyer's agents and contractors access to the Property and to all files, books and hereby is, conditioned upon Buyer’s waiver of or satisfaction in its sole discretion with, records maintained by Seller with respect to the Property at all reasonable times during the Inspection Contingency Period, so that Buyer can conduct all such tests, studies and inspections of the condition Property and review all such files, books and records as Buyer deems appropriate. All files, books and records maintained by Seller with respect o the Property will be made available for inspection by Buyer and Buyer's agents and contractors at Seller's offices at Suite 1350, 200 Xxxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxx. During the Inspection Period, Buyer will also be permitted to interview all tenants under the Leases, provided that it provide advance notice to Seller of the times of any such interviews and permits a representative of Seller a reasonable opportunity to be present during such interviews. Buyer agrees to indemnify and hold Seller harmless from any liability or loss incurred by Seller as a result of Buyer's activities at the Property and to promptly restore any damage caused to the Property as a result of such activities. If Buyer fails to timely satisfy or waive its inspection contingency under this ss.5 then, within ten days after the expiration of the Inspection Period, Buyer will deliver to Seller copies of all written reports received by Buyer with respect to the various tests, studies and inspections conducted by Buyer or its agents or contractors with respect to the Property and will return to Seller copies of all of Seller's files, books and records made by Buyer or its agents or contractors during such Inspection Period. In order to further facilitate Buyer's determination of the acceptability of the Property. As used herein, the term “Inspection Contingency Period” shall mean and refer to the period beginning with the Effective Date and ending at 5:00 p.m. Pacific time on January 15Seller will, 2014. On or before ten (10) within three business days after the Effective Date, Seller shall provide the following materials to Buyer the documents listed in Exhibit D hereto and shall make available to Buyer any and all other documents and materials in Seller’s possession related to the ownership, management, construction, maintenance and operation of the Property (the “Due Diligence Materials”). During the Inspection Contingency Period, Buyer will have the right to perform inspections of the Property at Buyer’s expense, including the right to obtain and review environmental reports and to make or have made such inspections of the Property and all factors relevant to its use with respect to environmental matters, including, without limitation, the condition of the soils and sub surfaces, particularly with respect to the presence or absence of hazardous materials, and to make or have made such other inspections and investigations of the Property as Buyer desires. With respect to any inspection that will require excavations, borings, drilling, removal or demolition of any portion of the Property, or any other invasive activities on the Property (generally, “Invasive Testing”), Buyer shall submit to Seller a written plan describing such Invasive Testing in reasonable detail (an “Invasive Testing Plan”) for Seller’s written approval, which approval shall not be unreasonably withheld; provided however, if Seller disapproves any Invasive Testing, Buyer may terminate this Agreement effective upon giving written notice to Seller of such termination. Buyer may not proceed with any Invasive Testing unless Seller has expressly approved in writing the relevant Invasive Testing Plan, and Buyer shall conduct all Invasive Testing in compliance with the Invasive Testing Plan approved by Seller. Seller shall have the right to have a representative observe any testing activities and to request and receive split samples of any materials collected for analysis by or for Buyer. Buyer shall restore the Property to its original condition promptly after any Invasive Testing, original wear and tear excepted, but in no event later than five (5) business days after any disturbance or damage occurs. If, by the end of the Inspection Contingency Period, Buyer notifies Seller in writing that Buyer is not satisfied with the Property in its then current condition, this Agreement will terminate, whereupon the Deposit will be refunded to Buyer within five (5) business days. This Agreement thereafter will be null and void, and neither party will have any obligation to the other, except as otherwise provided herein. Unless such notice of dissatisfaction is given, the Inspection Contingency will be deemed waived and this Agreement will be binding on Purchaser, subject only to the Additional Contingencies described in Section 4.c. During the Inspection Contingency Period, Buyer shall have:

INSPECTION CONTINGENCY. The obligation of Buyer's obligations under this Agreement are contingent upon Buyer determining, on or before March 25, 1997 ("Inspection Period"), that the Property is acceptable to close hereunder shall beBuyer. Seller will permit Buyer and Buyer's agents and contractors access to the Property and to all files, books and hereby is, conditioned upon Buyer’s waiver of or satisfaction in its sole discretion with, records maintained by Seller with respect to the Property at all reasonable times during the Inspection Contingency Period, so that Buyer can conduct all such tests, studies and inspections of the condition Property as Buyer deems appropriate and review all such files, books and records as Buyer deems appropriate. All files, books and records maintained by Seller with respect to the Property will be made available for inspection by Buyer and Buyer's agents and contractors at Seller's offices at Suite 1350, 000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxx. During the Inspection Period, Buyer will also be permitted to interview all tenants under the Leases, provided that it provide advance notice to Seller of the times of any such interviews and permits a representative of Seller a reasonable opportunity to be present during such interviews. Buyer agrees to indemnify and hold Seller harmless from any liability or loss incurred by Seller as a result of Buyer's activities at the Property and to promptly restore any damage caused to the Property as a result of such activities. If Buyer fails to timely satisfy or waive its inspection contingency under this ss.4 then, within ten days after the expiration of the Inspection Period, Buyer will deliver to Seller copies of all written reports received by Buyer with respect to the various tests, studies and inspections conducted by Buyer or its agents or contractors with respect to the Property and will return to Seller copies of all of Seller's files, books and records made by Buyer or its agents or contractors during such Inspection Period. In order to further facilitate Buyer's determination of the acceptability of the Property. As used herein, the term “Inspection Contingency Period” shall mean and refer to the period beginning with the Effective Date and ending at 5:00 p.m. Pacific time on January 15Seller will, 2014. On or before ten (10) within three business days after the Effective Date, Seller shall provide the following materials to Buyer the documents listed in Exhibit D hereto and shall make available to Buyer any and all other documents and materials in Seller’s possession related to the ownership, management, construction, maintenance and operation of the Property (the “Due Diligence Materials”). During the Inspection Contingency Period, Buyer will have the right to perform inspections of the Property at Buyer’s expense, including the right to obtain and review environmental reports and to make or have made such inspections of the Property and all factors relevant to its use with respect to environmental matters, including, without limitation, the condition of the soils and sub surfaces, particularly with respect to the presence or absence of hazardous materials, and to make or have made such other inspections and investigations of the Property as Buyer desires. With respect to any inspection that will require excavations, borings, drilling, removal or demolition of any portion of the Property, or any other invasive activities on the Property (generally, “Invasive Testing”), Buyer shall submit to Seller a written plan describing such Invasive Testing in reasonable detail (an “Invasive Testing Plan”) for Seller’s written approval, which approval shall not be unreasonably withheld; provided however, if Seller disapproves any Invasive Testing, Buyer may terminate this Agreement effective upon giving written notice to Seller of such termination. Buyer may not proceed with any Invasive Testing unless Seller has expressly approved in writing the relevant Invasive Testing Plan, and Buyer shall conduct all Invasive Testing in compliance with the Invasive Testing Plan approved by Seller. Seller shall have the right to have a representative observe any testing activities and to request and receive split samples of any materials collected for analysis by or for Buyer. Buyer shall restore the Property to its original condition promptly after any Invasive Testing, original wear and tear excepted, but in no event later than five (5) business days after any disturbance or damage occurs. If, by the end of the Inspection Contingency Period, Buyer notifies Seller in writing that Buyer is not satisfied with the Property in its then current condition, this Agreement will terminate, whereupon the Deposit will be refunded to Buyer within five (5) business days. This Agreement thereafter will be null and void, and neither party will have any obligation to the other, except as otherwise provided herein. Unless such notice of dissatisfaction is given, the Inspection Contingency will be deemed waived and this Agreement will be binding on Purchaser, subject only to the Additional Contingencies described in Section 4.c. During the Inspection Contingency Period, Buyer shall have: