Inspection of the Properties Sample Clauses

Inspection of the Properties. 4.1.1 Seller hereby grants to Purchaser, from the Effective Date until the earlier to occur of the Closing and a termination of this Agreement (such period, the “Executory Period”), the right, license, permission and consent for Purchaser and Purchaser’s employees, representatives, agents, consultants, and/or independent contractors (collectively, the “Purchaser Parties”) to enter upon each Property for the purposes of performing, at Purchaser’s sole cost and expense, the Investigations (as defined in the Access Agreement), subject to and in accordance with the terms of Sections 1 and 2 of the Access Agreement, which terms are hereby incorporated herein by reference as if fully set forth herein, except that (i) the “Review Period” (as defined in the Access Agreement) shall be deemed to be the Executory Period for all purposes and (ii) the “Seller” under the Access Agreement shall be deemed to refer to Seller and the “Purchaser” under the Access Agreement shall be deemed to refer to Purchaser. Seller and Purchaser agree that, notwithstanding anything contained in the Access Agreement to the contrary, the terms and provisions of Sections 1 and 2 of the Access Agreement shall survive any termination of the Access Agreement and upon a termination of this Agreement prior to the Closing, Purchaser’s obligations under Sections 1(e), 1(g) and (h) of the Access Agreement shall survive such termination.
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Inspection of the Properties. 4.2.1 Buyer, its representatives, agents, and consultants shall have the right to conduct such engineering, environmental and other studies and inspections of the physical condition of the Properties as Buyer, in its absolute discretion, deems necessary or appropriate through July 7, 1998, or such earlier date as selected by the Buyer (the "Inspection Period"). Such studies and inspections shall be at Buyer's sole cost and expense. Buyer's investigations during the Inspection Period are subject to the provisions of Section 4.2.3 hereof.
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Inspection of the Properties. The Mortgagor shall keep adequate records and books of account in accordance with GAAP consistently applied and shall permit the Mortgage Mortgagee and its authorized representatives to enter and inspect the Properties, to examine the records and books of account of the Mortgagor with respect thereto and make copies or extracts thereof, all at such reasonable times as may be requested by the Mortgagee.
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Inspection of the Properties. The Company shall keep adequate records and books of account in accordance with the requirements of the Credit Agreement and shall permit the Administrative Agent and its authorized representatives to enter and inspect the Properties, to examine the records and books of account of the Company with respect thereto and make copies or extracts thereof, all in accordance with the Credit Agreement.
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Inspection of the Properties. The Mortgagor will keep proper books of record and account in which full, true and correct entries are made of all dealings and transactions in relation to its business and activities. The Mortgagor will permit any representatives designated by the Mortgagee or any Secured Party, upon reasonable prior notice, to visit and inspect the Properties, to examine and make extracts from its books and records, and to discuss its affairs, finances and condition with its officers, employees and independent accountants, all at such reasonable times and as often as requested at the Mortgagor’s sole expense.
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Inspection of the Properties. The Mortgagor will keep proper books of record and account in which full, true and correct entries are made of all dealings and transactions in relation to its business and activities. The Mortgagor will permit any representatives designated by the Mortgagee or any Agent, upon reasonable prior notice, to visit and inspect the Properties, to examine and make extracts from its books and records, and to discuss its affairs, finances and condition with its officers, employees and independent accountants, all at such reasonable times and as often as reasonably requested (which visits and inspections shall be at the Mortgagor's sole expense after the occurrence and during the Mortgage -------- continuance of any Event of Default or in the case of any visit or inspection by the Mortgagee and at such Agent's sole expense at any other time).
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Inspection of the Properties. Upon forty-eight (48) hours advance notice to Sellers, Buyer shall have the right to perform such examinations, tests, investigations and studies of the Properties (the “Inspections”) as Buyer reasonably deems advisable in its sole discretion, and at its sole cost and expense, in accordance with this Section 6.2, including, without limitation, an inspection of the books and records of each Seller relating to the operation of the applicable Property other than Excluded Materials. Buyer may conduct the Inspections with its officers, employees, contractors, consultants, agents or representatives (“Buyer’s Inspectors”). Sellers shall provide reasonable access to the Properties for Buyer’s Inspectors to perform the Inspections; provided, however, that (i) each Seller shall have the right to have an employee, agent or representative of such Seller accompany Buyer’s Inspectors; (ii) Buyer’s Inspectors shall not perform any drilling, coring or other invasive or destructive testing, without the prior written consent of the applicable Seller, which consent may be given or withheld in such Seller’s 14 The Wellington, Salt Lake City, Utah Xxxxxxxxxx Xxxxx, Xxxx Xxxx Xxxx, Xxxx The Charleston Cedar Hills, Utah sole discretion; (iii) the Inspections shall be conducted by Buyer’s Inspectors on a Business Day between 9:00 a.m. and 5:00 p.m. (local time at the Real Property); (iv) Buyer’s right to perform the Inspections shall be subject to any rights of residents, and restrictions in the Resident Agreements, the Leases, and the Existing Management Agreements; and (v) the Inspections shall not unreasonably disrupt or disturb the operation of the business at the Projects or the rights of tenants or residents at the Projects and Buyer’s Inspectors shall comply with reasonable requests with respect to the Inspections to minimize such disruption or disturbance. In the course of its Inspections, Buyer may make inquiries to Manager and other Persons, including, without limitation, representatives, contractors, property managers, leasing agents, parties to Leases, Equipment Agreements or Operating Agreements and municipal, local and other government officials and representatives in accordance with the terms of this Agreement, and Sellers hereby consent to such inquiries.
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Inspection of the Properties. The Agent shall have the ---------------------------- right, at any time and from time to time, to request in writing that a Phase I Environmental Site Assessment be prepared at the cost and expense of the Indemnitor with respect to any Property for which the Indemnified Parties reasonably believe that a past or present Release of Hazardous Materials upon, about, beneath, above or migrating from such Property has occurred or is threatened; provided, however, that so long as a Default or Event of Default ----------------- shall not have occurred (whether or not such Default or Event of Default is continuing) the Indemnified Parties shall only be entitled make such request once during any twelve (12) month period. Such assessment shall be prepared by an environmental consultant selected by the Indemnified Parties and indicate the presence or absence of Hazardous Materials and the potential cost of any removal or remedial action in connection with any Hazardous Materials on such Property. If the Indemnitor fails to provide the same within thirty (30) days after written request of the Indemnified Parties, the Indemnified Parties may order such Phase I Environmental Site Assessment and the Indemnitor shall grant and hereby grants to the Indemnified Parties and their agents access to the Properties and specifically grants to the Indemnified Parties and their agents an irrevocable non-exclusive license to undertake or have undertaken such an assessment. The cost of any such assessment shall be payable by Indemnitor within fifteen (15) days of receipt of the invoice from such environmental consultant (whether or not the Indemnitor agrees with the result of the assessment or the cost thereof). If the cost of any such assessment is not promptly paid by the Indemnitor, interest shall accrue on such amount at the Default Rate (as applied to payment of the Notes). Notwithstanding the foregoing, the Indemnified Parties are under no obligation to visit or observe the Properties or to conduct tests, and any such acts by the Indemnified Parties shall be solely for the purpose of protecting the rights of the Indemnified Parties under this Agreement. In no event shall any site visit, observation, or testing by the Indemnified Parties be deemed a representation that Hazardous Materials are not present in, on or under the Properties. Neither the Indemnitor nor any other person or entity is entitled to rely on any site visit, observation or testing by the Indemnified Parties. T...
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Related to Inspection of the Properties

  • Operation of the Property Between June 1, 1998 and the Closing Date, Seller shall (a) lease, operate, manage and enter into contracts with respect to the Property, in the same manner done by Seller prior to the date hereof (provided, however, that without the prior consent of Purchaser, which as to (i) and (ii) shall not be unreasonably delayed, conditioned or withheld, (i) Seller shall not enter into any Service Contract that cannot be terminated with thirty (30) days notice or materially modify any existing Service Contracts to be assumed by Purchaser at Closing, and (ii) after June 1, 1998, Seller shall not materially modify or terminate any existing Tenant Lease or grant any material consents under any existing Tenant Lease (except as otherwise required pursuant to the terms and conditions of such Tenant Lease), or enter into any new Tenant Lease, and (iii) Seller shall not apply any then unapplied Deposits (as reflected on the Rent Roll delivered by Seller to Purchaser pursuant to Schedule 5.3(vii) hereof) under Tenant Leases); and (b) advise Purchaser of the commencement of any litigation, condemnation or other judicial or administrative proceedings affecting the Property of which Seller has current actual knowledge. Notwithstanding anything to the contrary set forth in this Contract, Purchaser acknowledges that after June 1, 1998 and prior to Closing, Seller will enter into contracts for the completion of Tenant improvements under Tenant Leases entered into after June 1, 1998 pursuant to the terms of Section 12.1 hereof (collectively, the "Tenant Finish Contracts"). Purchaser and Seller agree that at Closing, Purchaser shall assume the obligations of Seller under all such Tenant Finish Contracts including, without limitation, the obligations to pay any costs and expenses charged with respect to construction of improvements in the space subject to such Tenant Leases. At Closing, Purchaser shall execute and deliver to the Seller an Assignment, Assumption and Indemnity Agreement in the form attached hereto as Exhibit H and made a part hereof for all purposes.

  • Condition of the Property THE LESSEE ACKNOWLEDGES AND AGREES THAT IT IS LEASING THE PROPERTY "AS IS" WITHOUT REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) BY THE LESSOR AND SUBJECT TO (A) THE EXISTING STATE OF TITLE, (B) THE RIGHTS OF ANY PARTIES IN POSSESSION THEREOF, (C) ANY STATE OF FACTS WHICH AN ACCURATE SURVEY OR PHYSICAL INSPECTION MIGHT SHOW, AND (D) VIOLATIONS OF REQUIREMENTS OF LAW WHICH MAY EXIST ON THE DATE HEREOF OR ON THE ACQUISITION DATE. THE LESSOR HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) AND SHALL NOT BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE TITLE (OTHER THAN FOR LESSOR LIENS), VALUE, HABITABILITY, USE, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE OF THE PROPERTY (OR ANY PART THEREOF), OR ANY OTHER REPRESENTATION, WARRANTY OR COVENANT WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY (OR ANY PART THEREOF) AND THE LESSOR SHALL NOT BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN (OTHER THAN FOR LESSOR LIENS) OR THE FAILURE OF THE PROPERTY, OR ANY PART THEREOF, TO COMPLY WITH ANY REQUIREMENT OF LAW.

  • Possession of the Property Upon the occurrence of any Event of Default and the acceleration of the Debt or any portion thereof, Borrower, if an occupant of the Property or any part thereof, upon demand of Lender, shall immediately surrender possession of the Property (or the portion thereof so occupied) to Lender, and if Borrower is permitted to remain in possession, the possession shall be as a month-to-month tenant of Lender and, on demand, Borrower shall pay to Lender monthly, in advance, a reasonable rental for the space so occupied and in default thereof Borrower may be dispossessed. The covenants herein contained may be enforced by a receiver of the Property or any part thereof. Nothing in this Section 13.04 shall be deemed to be a waiver of the provisions of this Security Instrument making the Transfer of the Property or any part thereof without Lender’s prior written consent an Event of Default.

  • DESCRIPTION OF THE PROPERTY Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following:

  • Maintenance of the Property Trustor shall cause the Property to be --------------------------- maintained in good condition and repair and will not commit or suffer to be committed any waste of the Property. The Improvements and the Equipment shall not be removed, demolished or materially altered (except for normal replacement of the Equipment), without the consent of Beneficiary. Trustor shall promptly comply with all existing and future governmental laws, orders, ordinances, rules and regulations affecting the Property, or any portion thereof or the use thereof. Trustor shall promptly repair, replace or rebuild all or any part of the Property which may be damaged or destroyed by fire or other property hazard or casualty (including any fire or other property hazard or casualty for which insurance was not obtained or obtainable) or which may be affected by any taking by any public or quasi-public authority through eminent domain or otherwise, and shall complete and pay for, within a reasonable time, any structure at any time in the process of construction or repair on the Premises. If such fire or other property hazard or casualty shall be covered by the Policies, Trustor's obligation to repair, replace or rebuild such portion of the Property shall be contingent upon Beneficiary paying Trustor the proceeds of the Policies, or such portion thereof as shall be sufficient to complete such repair, replacement or rebuilding, whichever is less. Trustor will not, without obtaining the prior consent of Beneficiary, initiate, join in or consent to any private restrictive covenant, zoning ordinance, or other public or private restrictions, limiting or affecting the uses which may be made of the Property or any part thereof.

  • Inspection of Property, Books and Records The Borrower will keep, and will cause each Subsidiary to keep, proper books of record and account in which full, true and correct entries shall be made of all dealings and transactions in relation to its business and activities; and will permit, and will cause each Subsidiary to permit, representatives of any Bank at such Bank's expense to visit and inspect any of their respective properties, to examine and make abstracts from any of their respective books and records and to discuss their respective affairs, finances and accounts with their respective officers, employees and independent public accountants, all at such reasonable times and as often as may reasonably be desired.

  • Condition of the Premises Tenant acknowledges that, except as expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises, the Building or the Property, or with respect to the suitability of the Premises, the Building or the Property for the conduct of Tenant’s business. Tenant acknowledges that Landlord shall have no obligation to alter, repair or otherwise prepare the Premises for Tenant’s occupancy or to pay for or construct any improvements to the Premises except as otherwise expressly set forth in this Lease or in the Work Letter attached hereto as Exhibit 3.1. Notwithstanding anything to the contrary contained herein, Landlord represents and warrants to Tenant that (a) upon the Commencement Date, the Building and the Premises will be in material compliance with all Applicable Laws (in each case, without regard for any of the Finish Work, Tenant’s particular use (as opposed to the Permitted Use, generally), or the obligations of any other tenants in the Building with respect to their tenant improvements); (b) Landlord has full power and authority to enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith other than to the extent provided in Section 14.6, below; and (c) upon the Commencement Date, the Building systems provided by Landlord and serving the Premises including electrical, HVAC, plumbing and other utility systems shall be in good working order and condition. Subject to the foregoing and Landlord’s obligation to repair latent defects in the Base Building Work as expressly provided in Section 1.1 of Exhibit 3.1, Tenant’s execution of this Lease and taking of possession of the Premises shall conclusively establish that the Premises, the Building and the Property were at such time in good, sanitary and satisfactory condition and repair; provided, nothing in this sentence relieves Landlord of its obligations pursuant to Section 8.1, below.

  • The Properties 3.1 All of the Properties are in England, Wales or Scotland.

  • Access to the Property Borrower shall permit agents, representatives and employees of Lender to inspect the Property or any part thereof at reasonable hours upon reasonable advance notice.

  • Maintaining Records; Access to Properties and Inspections Maintain all financial records in accordance with GAAP and permit any persons designated by the Administrative Agent or, upon the occurrence and during the continuance of an Event of Default, any Lender to visit and inspect the financial records and the properties of the Borrower or any of the Subsidiaries at reasonable times, upon reasonable prior notice to the Borrower, and as often as reasonably requested and to make extracts from and copies of such financial records, and permit any persons designated by the Administrative Agent or, upon the occurrence and during the continuance of an Event of Default, any Lender upon reasonable prior notice to the Borrower to discuss the affairs, finances and condition of the Borrower or any of the Subsidiaries with the officers thereof and independent accountants therefor (so long as the Borrower has the opportunity to participate in any such discussions with such accountants), in each case, subject to reasonable requirements of confidentiality, including requirements imposed by law or by contract.

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