Common use of INSPECTION PROCEDURE Clause in Contracts

INSPECTION PROCEDURE. A. Purchaser acknowledges that Purchaser is buying and shall accept possession of the Unit and all other appurtenances to the Unit and the personal property and fixtures thereof being sold under this Contract in an “AS IS, WHERE IS, WITH ALL FAULTS” condition. Purchaser acknowledges that Purchaser has inspected the Unit and all other appurtenances to the Unit and the personal property and fixtures thereof being sold under this Contract and have found the condition thereof to be acceptable and to Purchaser’s satisfaction contemporaneously with the execution of this Contract. B. Purchaser or Purchaser’s representative along with Seller’s representative may inspect the Unit on one occasion within 10 days of Purchaser’s execution of this Agreement to determine if all systems and all appliances and fixtures thereof are in good working order and condition and that the Unit is vacant and clean and otherwise in the same condition as existed at the time of Purchaser’s initial inspection. Such inspection shall be conducted on a date mutually acceptable to Purchaser and Seller but in no event later than 10 days within the date of execution by Purchaser. C. If Purchaser is unable to conduct the personal inspection of the Unit with Seller on the date so established, Purchaser may designate in writing a representative and Purchaser will be bound by the actions of such representative. D. Except for the initial and pre-Closing inspection of the Unit and such other times as may be arranged through Seller, neither Purchaser nor Purchaser’s agents shall have access or entry to the Unit or the assigned Limited Common Elements, if applicable, nor shall Purchaser store any possessions in or about the Unit or the assigned Limited Common Elements, if applicable, or any other part of the Condominium property prior to Closing. Purchaser shall not interfere with any workmen, service providers, sales agents or management personnel during the pre-Closing period. E. Purchaser covenants and agrees that Seller will not be liable for any injuries or losses (i) resulting from Purchaser's breach of this Section 16, or (ii) sustained by Purchaser or Purchaser’s family members, agents or representatives during the course of the inspection. Purchaser agrees to indemnify and hold Seller harmless for any damages to the Unit or the Condominium’s common elements arising out of or related to the inspection by Purchaser or Purchaser’s family members, agents or representatives pursuant to this Section 16. F. If after conducting the inspection referenced in this Section 16 Purchaser determines that Purchaser does not desire to proceed with the purchase of the Unit, Purchaser shall be required, within such 10 day period, to provide written notice to Seller, at the address noted on the first page of this Agreement, of Purchaser’s decision to terminate this Agreement and not proceed with purchasing the Unit, whereupon Purchaser’s deposits shall be refunded to Purchaser and this Agreement shall be null and void and of no further effect. Failure by Purchaser to notify Seller within such 10 day period of Purchaser’s decision not to purchase the Unit shall be conclusive proof of Purchaser’s acceptance of the Unit in its existing conditions and Purchaser’s affirmative agreement to proceed with the purchase of the Unit.

INSPECTION PROCEDURE. A. Purchaser acknowledges that a. Purchaser is buying and shall accept possession required to conduct a personal inspection of the Unit and all other appurtenances to the Unit and the personal property and fixtures thereof being sold under this Contract in an “AS IS, WHERE IS, WITH ALL FAULTS” condition. Purchaser acknowledges that Purchaser has inspected the Unit and all other appurtenances to the Unit and the personal property and fixtures thereof being sold under this Contract and have found the condition thereof to be acceptable and to Purchaser’s satisfaction contemporaneously with the execution of this Contract. B. Purchaser or Purchaser’s representative along with Seller’s representative may inspect the Unit on one occasion within 10 days of Purchaser’s execution of this Agreement to determine if all systems and all appliances and fixtures thereof are in good working order and condition and that the Unit is vacant and clean and otherwise in the same condition as existed at the time of Purchaser’s initial inspection. Such inspection shall be conducted on a date mutually acceptable to Purchaser and Seller but in no event not later than 10 days within the date of execution established by Seller in written notification delivered to Purchaser, which date will be not less than fifteen (15) days after such notification is delivered. C. b. If Purchaser is unable to conduct the personal inspection of the Unit with Seller Seller’s representative on the date so established, Purchaser may designate in writing a representative and by written notice delivered to Seller not less than ten (10) days prior to such date. Purchaser will be bound by the actions of such representative. D. Except for c. During such personal inspection, Purchaser (or Purchaser’s representative) and Seller (or Seller’s representative) will complete a list of inspection items in the initial Unit which require Seller’s representative’s attention. Purchaser (or Purchaser’s representative) and pre-Closing inspection Seller (or Seller’s representative) shall sign the list as conclusive evidence of the Unit agreed upon work to be performed. At such time as the agreed work has been performed (which shall be within a reasonable time considering the availability of materials and such other times the nature of the work to be performed) it shall be conclusive that Seller’s obligations have been fulfilled, and any additional items shall be the responsibility of Purchaser. d. Except as may be arranged through Sellerotherwise specifically provided in this Agreement, neither Purchaser nor Purchaser’s agents shall have access or entry to the Unit or the assigned Limited Common Elements, if applicableUnit, nor shall Purchaser store any possessions in or about the Unit or the assigned Limited Common Elements, if applicable, or any other part of the Condominium property prior to Closingthe closing of the transaction contemplated herein. Purchaser shall not interfere with any workmen, service providers, sales agents or management personnel during workmen upon the pre-Closing periodjob site. E. Purchaser covenants and agrees e. It is agreed that Seller will the fact that the parties have not be liable for any injuries or losses (i) resulting from Purchaser's breach of this Section 16completed the inspection, or (ii) sustained that items listed on the inspection list have not been addressed by Seller, shall not entitle Purchaser to delay closing or to place in escrow or withhold money due Seller at closing, and a refusal to close as scheduled shall constitute a default by Purchaser or Purchaserhereunder. Seller’s family members, agents or representatives during obligation to perform the course work agreed upon in the list of inspection items shall survive closing. f. Failure of Purchaser to conduct the inspection. Purchaser agrees to indemnify personal inspection and hold Seller harmless for any damages to complete and sign the Unit or list of inspection items by the Condominium’s common elements arising out of or related to the inspection by Purchaser or Purchaser’s family members, agents or representatives date established pursuant to this Section 16. F. If after conducting the inspection referenced in this Section 16 Purchaser determines that Purchaser does not desire to proceed with the purchase of the Unit, Purchaser shall be required, within such 10 day period, deemed to provide written notice to Seller, at the address noted on the first page of this Agreement, of Purchaser’s decision to terminate this Agreement and not proceed with purchasing the Unit, whereupon Purchaser’s deposits shall be refunded to Purchaser and this Agreement shall be null and void and of no further effect. Failure by Purchaser to notify Seller within such 10 day period of Purchaser’s decision not to purchase the Unit shall be (1) conclusive proof of Purchaser’s acceptance of the Unit “AS-IS” and (2) a complete waiver of all objections to defects in its existing conditions and Purchaser’s affirmative agreement workmanship or materials. This shall not be deemed to proceed with the purchase be a waiver of the Unitany warranties provided to Purchaser by law.