Common use of Inspection; Right of Entry Clause in Contracts

Inspection; Right of Entry. Buyer and Buyer's agents, contractors, engineers, consultants, employees and other representatives (collectively, "Buyer's Representatives") shall have the right, during the Term and, if Buyer exercises the Option, thereafter, and subject to the terms and conditions of Section 7.6 below, (i) to enter the Real Property to inspect the same (including the performance of environmental audits of the Real Property in accordance with the terms of Section 7.4.1 and 7.4.2 below), upon reasonable notice to Seller, provided that Buyer does not unreasonably disturb any business of Seller in connection with the Property or any Tenant of the Real Property, (ii) to contact representatives of the Tenants, (iii) to contact representatives of third parties who have executed Service Contracts with Seller or Seller's representatives regarding the Real Property; (iv) to contact representatives of Seller's property manager, if any, regarding the Property; and (v) to contact representatives of applicable governmental authorities concerning the Property. Buyer shall keep the Property free and clear of any mechanics' liens, materialmen's liens or claims arising out of any of Buyer's activities or those of Buyer's Representatives on or with respect to the Real Property. All entries onto the Real Property by Buyer and all inspections and examinations thereof shall be at Buyer's sole cost and expense, shall be done in a workmanlike manner in accordance with all applicable codes, statutes, ordinances, rules, regulations and laws and shall not unreasonably disturb the quiet occupancy or enjoyment of any Tenant or other occupant of the Real Property. Buyer shall not perform any test or inspection or carry out any activity at the Real Property which damages the Real Property in any way or which is physically intrusive into the Improvements or soil of the Real Property without the prior written consent of Seller, which consent Seller shall not unreasonably withhold. In connection with the request by Buyer for any such written consent of Seller, Buyer shall provide a detailed description of the nature of the proposed test of the Real Property, and shall in addition provide to Seller (i) the name of the contractor, who will perform the subject test on behalf of Buyer, (ii) proof of insurance, with respect to such contractor, adequate in Seller's reasonable judgment, and (iii) such other information with respect to the proposed test as Seller may reasonably request. After each entry onto any portion of the Real Property, Buyer, at its sole cost and expense shall repair (which shall include replacement where necessary) any damage to the Real Property arising from such entry. In connection with any inspections of the Real Property, Buyer and Buyer's Representatives will carry liability insurance adequate in Seller's reasonable judgment and, upon the request of Seller, will provide Seller with written evidence of same. Buyer will give Seller reasonable prior notice of its intention to conduct any inspections or tests with respect to the Real Property or of its intention to contact any Tenant, and Seller reserves the right to have a representative present.

Inspection; Right of Entry. Buyer and Buyer's agents, contractors, engineers, consultants, employees and other representatives (collectively, "Buyer's RepresentativesBUYER'S REPRESENTATIVES") shall have the right, during the Term and, if Buyer exercises the Option, thereafter, Due Diligence Period and subject to the terms and conditions of Section 7.6 6.6 below, (i) to enter the Real Property to inspect the same (including the performance of environmental audits of the Real Property in accordance with the terms of Section 7.4.1 6.4.1 and 7.4.2 6.4.2 below), upon reasonable notice to Seller, provided that Buyer does not unreasonably disturb any business of Seller in connection with the Property or any Tenant of the Real Property, (ii) to contact representatives of the Tenants, (iii) to contact representatives of third parties who have executed Service Contracts with Seller or Seller's representatives regarding the Real Property; and (iviii) to contact representatives of Seller's property manager, if any, regarding the Property; and (v) to contact representatives of applicable governmental authorities concerning the Property. Buyer shall keep the Property free and clear of any mechanics' liens, materialmen's liens or claims arising out of any of Buyer's activities or those of Buyer's Representatives on or with respect to the Real Property. All entries onto the Real Property by Buyer and all inspections and examinations thereof shall be at Buyer's sole cost and expense, shall be done in a workmanlike manner in accordance with all applicable codes, statutes, ordinances, rules, regulations and laws and shall not unreasonably disturb the quiet occupancy or enjoyment of any Tenant or other occupant of the Real Propertylaws. Buyer shall not perform any test or inspection or carry out any activity at the Real Property which damages the Real Property in any way or which is physically intrusive into the Improvements or soil of the Real Property without the prior written consent of Seller, which consent Seller shall not unreasonably withhold. In connection with the request by Buyer for any such written consent of Seller, Buyer shall provide a detailed description of the nature of the proposed test of the Real Property, and shall in addition provide to Seller (i) the name of the contractor, who will perform the subject test on behalf of Buyer, (ii) proof of insurance, with respect to such contractor, adequate in Seller's reasonable judgment, and (iii) such other information with respect to the proposed test as Seller may reasonably requestwithhold in its sole and absolute discretion. After each entry onto any portion of the Real Property, Buyer, at its sole cost and expense shall repair (which shall include replacement where necessary) any damage to the Real Property arising from such entry. In connection with any inspections of the Real Property, Buyer and Buyer's Representatives will carry liability insurance adequate in Seller's reasonable judgment judgement and, upon the request of Seller, will provide Seller with written evidence of same. Buyer will give Seller reasonable prior notice of its intention to conduct any inspections or tests with respect to the Real Property or of its intention to contact any Tenant, and Seller reserves the right to have a representative present.

Inspection; Right of Entry. Buyer and Buyer's agents, contractors, engineers, consultants, employees and other representatives (collectively, "Buyer's RepresentativesBUYER'S REPRESENTATIVES") shall have the right, during the Term and, if Buyer exercises the Option, thereafter, Due Diligence Period and subject to the terms and conditions of Section 7.6 6.6 below, (i) to enter the Real Property to inspect the same (including the performance of environmental audits of the Real Property in accordance with the terms of Section 7.4.1 6.4.1 and 7.4.2 6.4.2 below), upon reasonable notice to Seller, provided that Buyer does not unreasonably disturb any business of Seller in connection with the Property or any Tenant tenant of the Real Property, (ii) to contact representatives of the Tenants, (iii) to contact representatives of third parties who have executed Service Contracts with Seller or Seller's representatives regarding the Real Property; and (iviii) to contact representatives of Seller's property manager, if any, regarding the Property; and (v) to contact representatives of applicable governmental authorities concerning the Property. Buyer shall keep the Property free and clear of any mechanics' liens, materialmen's liens or claims arising out of any of Buyer's activities or those of Buyer's Representatives on or with respect to the Real Property. All entries onto on to the Real Property by Buyer and all inspections and examinations thereof shall be at Buyer's sole cost and expense, shall be done in a workmanlike manner in accordance with all applicable codes, statutes, ordinances, rules, regulations and laws and shall not unreasonably disturb in any way the quiet occupancy or enjoyment of any Tenant tenant or other occupant of the Real Property. Buyer shall not perform any test or inspection or carry out any activity at the Real Property which damages the Real Property in any way or which is physically intrusive into the Improvements or soil of the Real Property without the prior written consent of Seller, which consent Seller shall not unreasonably withhold. In connection with the request by Buyer for any such written consent of Seller, Buyer shall provide a detailed description of the nature of the proposed test of the Real Property, and shall in addition provide to Seller (i) the name of the contractor, who will perform the subject test on behalf of Buyer, (ii) proof of insurance, with respect to such contractor, adequate in Seller's reasonable judgment, and (iii) such other information with respect to the proposed test as Seller may reasonably requestwithhold in its sole and absolute discretion. After each entry onto any portion of the Real Property, Buyer, at its sole cost and expense shall repair (which shall include replacement where necessary) any damage to the Real Property arising from such entry. In connection with any inspections of the Real Property, Buyer and Buyer's Representatives will carry liability insurance adequate in Seller's reasonable judgment judgement and, upon the request of Seller, will provide Seller with written evidence of same. Buyer will give Seller reasonable prior notice of its intention to conduct any inspections inspects or tests with respect to the Real Property or of its intention to contact any Tenant, and Seller reserves the right to have a representative present.

Inspection; Right of Entry. Buyer and Buyer's ’s agents, contractors, engineers, consultants, employees and other representatives (collectively, "“Buyer's ’s Representatives"”) shall have the right, during the Term and, if Buyer exercises the Option, thereafter, Due Diligence Period and subject to the terms and conditions of Section 7.6 6.6 below, (i) to enter the Real Property to inspect the same (including the performance of environmental audits of the Real Property in accordance with the terms of Section 7.4.1 6.4.1 and 7.4.2 6.4.2 below), upon reasonable notice to Seller, provided that Buyer does not unreasonably disturb any business of Seller in connection with the Property or any Tenant tenant of the Real PropertyProperty and provided that Seller shall be afforded the opportunity to participate in such visitations, (ii) to contact representatives of the Tenants, (iii) to contact representatives of third parties who have executed Service Contracts with Seller or Seller's ’s representatives regarding the Real Property; , and (iviii) to contact representatives of Seller's property managerthe Tenant, if any, regarding provided that Seller shall be afforded the Property; and (v) opportunity to contact representatives of applicable governmental authorities concerning the Propertyparticipate in any such contact. Buyer shall keep the Property free and clear of any mechanics' ’ liens, materialmen's ’s liens or claims arising out of any of Buyer's ’s activities or those of Buyer's ’s Representatives on or with respect to the Real Property. All entries onto the Real Property by Buyer and all inspections and examinations thereof shall be at Buyer's ’s sole cost and expense, shall be done in a workmanlike manner in accordance with all applicable codes, statutes, ordinances, rules, regulations and laws and shall not unreasonably disturb in any way the quiet occupancy or enjoyment of any Tenant tenant or other occupant of the Real Property. Buyer shall not perform any test or inspection or carry out any activity at the Real Property which damages the Real Property in any way or which is physically intrusive into the Improvements or soil of the Real Property without the prior written consent of Seller, which consent Seller shall not unreasonably withhold. In connection with the request by Buyer for any such written consent of Seller, Buyer shall provide a detailed description of the nature of the proposed test of the Real Property, and shall in addition provide to Seller (i) the name of the contractor, who will perform the subject test on behalf of Buyer, (ii) proof of insurance, with respect to such contractor, adequate in Seller's reasonable judgment, and (iii) such other information with respect to the proposed test as Seller may reasonably requestwithhold in its sole and absolute discretion. After each entry onto any portion of the Real Property, Buyer, at its sole cost and expense shall repair (which shall include replacement where necessary) any damage to the Real Property arising from such entry. In connection with any inspections of the Real Property, Buyer and Buyer's ’s Representatives will carry liability insurance adequate in Seller's reasonable judgment an amount not less than $1,000,000 combined single limit for personal injury and property damage per occurrence, such policy to name Seller as an additional insured party, and, upon the request of Seller, will provide Seller with written evidence of same. Buyer will give Seller reasonable prior notice of its intention to conduct any inspections or tests with respect to the Real Property or of its intention to contact any Tenant, and Seller reserves the right to have a representative present.

Inspection; Right of Entry. Buyer and Buyer's agents, contractors, engineers, consultants, employees and other representatives (collectively, "Buyer's RepresentativesBUYER'S REPRESENTATIVES") shall have the right, during the Term and, if Buyer exercises the Option, thereafter, Due Diligence Period and subject to the terms and conditions of Section 7.6 6.6 below, (i) to enter the Real Property to inspect the same (including the performance of environmental audits of the Real Property in accordance with the terms of Section 7.4.1 6.4.1 and 7.4.2 6.4.2 below), upon reasonable notice to Seller, provided that Buyer does not unreasonably disturb any business of Seller in connection with the Property or any Tenant tenant of the Real Property, Property and provided that Seller shall be afforded the opportunity to participate in such visitations and (ii) to contact representatives of the Tenants, (iii) to contact representatives of third parties who have executed Service Contracts with Seller or Seller's representatives regarding the Real Property; (iv) to contact representatives of Seller's property manager, if any, regarding the Property; and (v) to contact representatives of applicable governmental authorities concerning the Property. Buyer shall keep the Property free and clear of any mechanics' liens, materialmen's liens or claims arising out of any of Buyer's activities or those of Buyer's Representatives on or with respect to the Real Property. All entries onto the Real Property by Buyer and all inspections and examinations thereof shall be at Buyer's sole cost and expense, shall be done in a workmanlike manner in accordance with all applicable codes, statutes, ordinances, rules, regulations and laws and shall not unreasonably disturb in any way the quiet occupancy or enjoyment of any Tenant tenant or other occupant of the Real Property. Buyer shall not perform any test or inspection or carry out any activity at the Real Property which damages the Real Property in any way or which is physically intrusive into the Improvements or soil of the Real Property without the prior written consent of Seller, which consent Seller shall not unreasonably withhold. In connection with the request by Buyer for any such written consent of Seller, Buyer shall provide a detailed description of the nature of the proposed test of the Real Property, and shall in addition provide to Seller (i) the name of the contractor, who will perform the subject test on behalf of Buyer, (ii) proof of insurance, with respect to such contractor, adequate in Seller's reasonable judgment, and (iii) such other information with respect to the proposed test as Seller may reasonably requestwithhold in its sole and absolute discretion. After each entry onto any portion of the Real Property, Buyer, at its sole cost and expense shall repair (which shall include replacement where necessary) any damage to the Real Property arising from such entry. In connection with any inspections of the Real Property, Buyer and Buyer's Representatives will carry liability insurance adequate in Seller's reasonable judgment judgement and, upon the request of Seller, will provide Seller with written evidence of same. Buyer will give Seller reasonable prior notice of its intention to conduct any inspections or tests with respect to the Real Property or of its intention to contact any Tenant, and Seller reserves the right to have a representative present.