Inspection Obligations. (a) In conducting any inspections, investigations or tests of the Property or the Due Diligence Documents, Purchaser and its agents and representatives shall fulfill the following obligations: (i) describe in a written notice to Seller any physical testing or sampling of the Property that Purchaser intends to do and obtain Seller's written consent prior to conducting any such physical testing or sampling; (ii) not disturb the Tenants or interfere with their use of the Property pursuant to their respective Leases; (iii) not interfere with the operation and maintenance of the Real Property; (iv) not communicate or meet with any (x) Tenants, (y) contractors working on the Property, or (z) except as provided in this Section 5.3(a), governmental officials regarding the entitlements, tax assessment or any other matter relating to the Property, without, in each case, obtaining the prior written consent of Seller, which consent shall not be unreasonably withheld if Purchaser provides Seller with at least twenty-four (24) hours' notice of intent to communicate, which notice shall contain the following information (i) the name and position of the person to be contacted by Purchaser, (ii) the name of the Purchaser's representative who will be making the contact, (iii) when the contact will be attempted, and (iv) the location where the contact will take place. Seller reserves the right in each instance to have a representative present during any such communications. Purchaser or a representative of Purchaser may contact governmental entities regarding the Property during and after the Inspection Period without obtaining the prior written consent of Seller; provided, however, Purchaser or any representative of Purchaser may not under any circumstances take any action to alter, affect, amend or in any way modify the existing development approval rights at the Property or at Park Place, including without limitation, the CUP (defined below in Section 7.2(b)), vesting tentative tract maps and the Development Agreement (defined below in Section 7.2(b)) for the Property; (v) not damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; (vi) not injure or otherwise cause bodily harm to Seller's agents, guests, invitees, contractors or employees or any Tenant or any other person or entity; (vii) maintain commercial general liability insurance issued by insurers of recognized responsibility authorized to do business in t...
Inspection Obligations. 4.4.1 CBL/OP's Responsibilities. CBL/OP agrees that when entering the Real Property and conducting any investigations, inspections, tests and studies of the Property or the Property Records prior to or following the execution and delivery of this Agreement, CBL/OP and CBL/OP's agents, consultants, contractors and representatives shall be obligated to: (a) comply with all terms of the Operating Agreement and the Tenant Leases regarding entry rights and obligations of third parties and not disturb the Anchor Stores, the Tenants or other occupants or interfere with the Anchor Stores', the Tenants' or other occupants' right of quiet enjoyment or use of the Property pursuant to the Operating Agreement, any Tenant Leases or other occupancy rights; (b) not unreasonably interfere with the operation, use and maintenance of the Property or the remainder of the Shopping Center or any of the construction work being performed at the Property or the remainder of the Shopping Center; (c) not damage any part of the Property or the remainder of the Shopping Center or any personal property owned or held by any Anchor Store, any Tenant or other occupant of the Shopping Center or any third party; (d) not injure or otherwise cause bodily harm to Property Owner, any Anchor Store, any Tenant or any other occupant of the Shopping Center or any of their respective agents, contractors and employees, or any other third party; (e) maintain commercial general liability (occurrence) insurance in terms and amounts set forth in Section 4.4.3 covering any accident arising as a result of the presence of CBL/OP and CBL/OP's agents, consultants, contractors and representatives on the Real Property and deliver a certificate of insurance verifying such coverage to Property Owner prior to any entry upon the Real Property (such insurance policy maintained by or on behalf of CBL/OP shall insure the contractual liability of CBL/OP covering the indemnities herein and shall (i) name the Property Owner and Property Owner's Property Manager as additional insureds, (ii) contain a cross-liability provision, and (iii) contain a provision that "the insurance provided by CBL/OP hereunder shall be primary and non-contributing with any other insurance available to Property Owner"); (f) promptly pay when due the costs of all tests, investigations, studies and examinations done with regard to the Property; (g) not permit any liens to attach to the Property or the remainder of the Shopping Center by reason of t...
Inspection Obligations. Buyer agrees that when entering the Real Property and conducting any investigations, inspections, tests, studies and reviews of the Property, Buyer and Buyer’s Representatives shall be obligated to use commercially reasonable efforts: (a) not unreasonably interfere with the operation, use and maintenance of the Property by Seller and/or any tenant of the Property; (b) not damage any part of the Property; (c) not injure or otherwise cause bodily harm to Seller or any other third party; (d) promptly pay when due the costs of all inspections, tests, investigations, studies and examinations done by Buyer or Buyer’s Representatives with regard to the Property; and (e) not permit any liens to attach to the Property by reason of the inspections, tests, investigations, studies and examinations performed by Buyer and Buyer’s Representatives and promptly remove or cause to be removed (by bonding or otherwise) any such liens which attach to the Property.
Inspection Obligations. (a) In conducting any Inspections, Landlord Representatives shall: (i) not materially interfere with the use of the Premises by any occupant; (ii) not materially interfere with the operation and maintenance of the Premises or any construction on the Premises; (iii) not damage any part of the Premises or personal property located at the Premises; (iv) not injure or otherwise cause bodily harm to any Tenant's Representative or any other person or entity or their respective employees, agents, contractors, representatives, guests, or invitees; (iv) at Tenant's request, provide Tenant with complete and accurate copies of all of the third-party reports and assessments of the Premises that are not proprietary to Landlord (collectively "Inspection Reports"); and (v) provide Tenant with copies of any Inspection Reports which provide information relating to Tenant's obligations under this Lease. No Landlord Representative will conduct any invasive Inspections which damage the Premises, unless such Inspections are (1) otherwise permitted by this Lease, (2) required by any governmental entity, (3) subject to Section 21.2, and except as restricted under Section 15.7, reasonably necessary in connection with a release or potential release of Hazardous Materials or there exists a reasonable belief that Environmental Requirements have been violated and such access and testing is conducted only by Landlord Representatives who are appropriately qualified as experts; or
Inspection Obligations. While on the Subject Property and while performing the Access Purpose, Contractor shall: (a) not interfere with the use of the Subject Property by any occupant; (b) not interfere with the operation and maintenance of the Subject Property or any construction on the Subject Property; (c) not damage any part of the Subject Property or personal property located at the Subject Property owned or held by any person or entity; (d) not injure or otherwise cause bodily harm to any ZGI Representative or any other person or entity; (e) maintain comprehensive general liability (occurrence) insurance covering any accident arising in connection with the presence of the Contractor on the Subject Property in an amount not less than $2,000,000, evidence of such insurance shall name ZGI as an additional insured and be delivered to the ZGI Representative prior to accessing the Subject Property; (f) not permit any liens to attach to the Subject Property by reason of Contractor's work; and (g) not conduct any invasive activities, unless Contractor confirms in advance that ZGI has consented to each such invasive inspection.
Inspection Obligations. NetREIT agrees that when entering the Real Property and conducting any investigations, inspections, tests and studies of the Real Property, NetREIT and NetREIT's agents, consultants, contractors and representatives shall be obligated to: (a) comply with all terms of all applicable laws and regulations regarding entry on to the Real Property; (b) not unreasonably interfere with the operation, use and maintenance of the Property by LGI De or any tenant or any of the construction work being performed on any adjacent property; (c) not damage any part of the Property or any adjacent property; (d) not injure or otherwise cause bodily harm to LGI De or any other third party; (e) promptly pay when due the costs of all inspections, tests, investigations, studies and examinations done with regard to the Property; and (f) not permit any liens to attach to the Property or any adjacent property by reason of the inspections, tests, investigations, studies and examinations performed by NetREIT and NxxXXXX's agents, consultants, contractors and representatives and promptly remove or cause to be removed (by bonding or otherwise) any such liens which attach to the Property or any adjacent property.
Inspection Obligations. Purchaser and its agents and representatives shall:
a. Repair any damage to the Property caused by Purchaser’s testing;
b. Promptly pay when due the costs of all tests, investigations, and examinations done with regard to the Property and with Purchaser’s authorization;
c. Not permit any liens to attach to the Property by reason of the exercise of its rights hereunder; and
d. Indemnify Seller from any liability, claims or expenses resulting from any testing activity conducted by Purchaser’s agents, employees or contractors on the Property and, at the conclusion of the Due Diligence Period, Purchaser shall return the Property to a condition which reasonably approximates its condition at the commencement of the Due Diligence Period; and
c. Not unreasonably interfere with the business operations of the tenants on the Property. Purchaser agrees to conduct its inspection during normal business hours following reasonable prior notice to Seller’s property manager so that entry can be scheduled. Purchaser further agrees that it shall coordinate entries on to the property with the property manager and that the Purchaser’s representatives or contractors may, at Seller’s discretion, be accompanied by a representative of Seller during all entries onto the Property. Purchaser agrees that if this transaction is terminated for any reason, Purchaser will promptly return to Seller all written or tangible information pertaining to the Property, including all copies or extracts thereof. Purchaser shall also deliver to Seller all engineering, environmental and similar reports and site plans, which shall become the property of Seller.
Inspection Obligations. Buyer and its agents and representatives shall:
(a) Repair any damage to the Property caused by Buyer’s investigation and shall return the Property to substantially the same condition as existed prior to such entry.;
(b) Promptly pay when due the costs of all Tests, investigations, and examinations done with regard to the Property and with Buyer’s authorization;
(c) Not permit any liens to attach to the Property by reason of the exercise of its rights hereunder;
(d) Indemnify and hold harmless Seller against all claims, demands, losses, costs, damages and expenses including property damage, bodily injury (including death) and reasonable attorneys’ fees arising out of any activities conducted by Buyer or Buyer’s agents, employees or contractors on the Property; and
(e) Not unreasonably interfere with the business operations of the tenant, AGS Publishing, on the Property.
Inspection Obligations. 8 (a) Purchaser's Responsibilities . . . . . . . .8 (b)
Inspection Obligations. Purchaser and its agents and representatives shall:
A. Repair any damage to the Property caused by Purchaser’s inspections or testing;
B. Promptly pay when due the costs of all tests, investigations, and examinations done with regard to the Property pursuant to Purchaser’s authorization;
C. Not permit any liens to attach to the Property by reason of the exercise of its rights hereunder;
D. Maintain, or cause to be maintained by Purchaser’s agents, commercial general liability insurance, including broad form property damage, with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate in form and substance adequate to insure against all liability of Purchaser and/or Purchaser’s agents, arising out of any entry or inspections of the Property pursuant to the provisions hereof, and Purchaser shall provide Seller with evidence of such insurance coverage before any such entry; and
E. Indemnify Seller against all losses, costs, damages and expenses including reasonable attorneys’ fees arising out of Purchaser’s inspections and tests, including, without limitation, any liens upon the Property due to such inspections or tests; provided, however, that in no event shall Purchaser have any liability whatsoever arising by reason of pre-existing conditions merely discovered by Purchaser as a result its investigations.
