Common use of Inspections and Entry Clause in Contracts

Inspections and Entry. (a) Except as otherwise set forth herein and in Section 5.5(a), all inspections conducted by or on behalf of Buyers shall be conducted at Buyers’ sole expense by qualified inspectors or contractors, selected by Buyers. Any entry upon any Real Property by Buyers or any of Buyers’ Representatives, for the purpose of conducting such inspections shall be upon not less than forty eight (48) hours’ prior written notice (which may be by e-mail) to Sellers, and shall be subject, in any event, to prior scheduling and coordination with Sellers, and Sellers shall reasonably cooperate with Buyers with respect to such scheduling and coordination. At Sellers’ election and sole cost and expense, a Representative of Sellers shall be entitled to be present during any entry by Buyers or Buyers’ Representatives upon the Real Property to conduct the inspections. All inspections shall be performed in a manner that will not unreasonably interfere with or disturb ongoing operations of Sellers or any third party operators at the Station Properties and Buyers shall as soon as reasonably practicable repair any damage caused by Buyer’s inspection. Subject to Section 5.1, prior to the CIC Conversion Date for each Station Property (or any termination of this Agreement), Buyers shall not approach, contact or involve itself in any discussions or negotiations with any employee of any Seller or with any other occupant of such Station Property, without Sellers’ prior written consent (which may not be unreasonably withheld, conditioned or delayed) and without Sellers (or Sellers’ designated representative) being present thereat. Prior to Buyers or their Representatives accessing any Real Property and conducting tests or installing equipment thereon, Buyers shall provide Sellers with a certificate of insurance naming the applicable Seller as an additional insured and evidencing liability coverage in form and substance acceptable to Sellers in an amount not less than Two Million Dollars ($2,000,000) and an aggregate limit of at least Five Million Dollars ($5,000,000).

Inspections and Entry. (a) Except as otherwise set forth herein and in Section 5.5(a)herein, all inspections conducted by or on behalf of Buyers shall be conducted at Buyers’ sole expense by qualified inspectors or contractors, selected by BuyersBuyer. Any entry upon any Real Property (other than for environmental testing, which is governed by and subject to the provisions of Section 5.6, and not this Section 5.9) by Buyers or any of Buyers’ Representatives, for the purpose of conducting such inspections shall be upon not less than forty eight (48) hours’ prior written notice (which may be by e-mail) to Sellers, and shall be subject, in any event, to prior scheduling and coordination with Sellers, and Sellers shall reasonably cooperate with Buyers with respect to such scheduling and coordination. At Sellers’ election and sole cost and expenseelection, a Representative of Sellers shall be entitled to be present during any entry by Buyers or Buyers’ Representatives upon the Real Property to conduct the inspections. All inspections shall be performed in a manner that will not unreasonably interfere with or materially disturb ongoing operations of Sellers or any third party operators at the Station Properties and Buyers shall as soon as reasonably practicable repair any damage caused by Buyer’s inspectiondamage. Subject to Section 5.15.1(a), prior to the CIC Conversion Date for each Station Property (or any termination of this Agreement), Buyers shall not approach, contact or involve itself in any discussions or negotiations with any employee of any Seller or with any other occupant of such Station Property, without Sellers’ prior written consent (which may not be unreasonably withheld, conditioned or delayed) and without Sellers (or Sellers’ designated representative) being present thereat. Prior to Buyers or their Representatives accessing any Real Property and conducting tests or installing equipment thereon, Buyers shall provide Sellers with a certificate of insurance naming the applicable Seller as an additional insured and evidencing liability coverage in form and substance acceptable to Sellers in an amount not less than Two Million Dollars ($2,000,000) and an aggregate limit of at least Five Million Dollars ($5,000,000).

Inspections and Entry. (a) Except as otherwise set forth herein and in Section 5.5(a), all All inspections conducted by or on behalf of Buyers the Buyer shall be conducted at Buyers’ the Buyer’s sole expense by qualified inspectors or contractors, selected by Buyersthe Buyer and acceptable to the Seller. Any entry upon any Real Property real property by Buyers the Buyer or any of Buyers’ Representativesthe Buyer’s directors, officers, employees, consultants, advisors, or other agents, for the purpose of conducting such inspections shall be upon not less than forty eight five (485) hoursbusiness days’ prior written notice (which may be by e-mail) to Sellersthe Seller, and shall be subject, in any event, to prior scheduling and coordination with Sellers, and Sellers shall reasonably cooperate with Buyers with respect to such scheduling and coordinationthe Seller. At Sellers’ election and sole cost and expensethe Seller’s election, a Representative representative of Sellers the Seller shall be entitled to be present during any entry by Buyers the Buyer or Buyers’ Representatives the Buyer’s representatives upon the Real Property real property or elsewhere to conduct the inspections. All inspections shall be performed in a manner that will not unreasonably interfere with or disturb the ongoing operations of Sellers the Seller or any third party operators at the Station Properties real property or elsewhere, and Buyers shall as soon as reasonably practicable repair will not cause any damage caused by Buyer’s inspectiondamage, loss, {W5975088.1} 22 disturbance to business, cost or expense to, or claims against, the Seller, third party operator or the real property. Subject to Section 5.1, prior Prior to the CIC Conversion Date for each Station Property Closing (or any termination of this Agreement), Buyers the Buyer shall not approach, contact or involve itself in any discussions or negotiations with any employee of any the Seller or with any other occupant of such Station Propertyany real property comprising the Assets, without Sellers’ the Seller’s prior written consent (which may not be unreasonably withheld, conditioned or delayedwithheld in the Seller’s sole discretion) and without Sellers the Seller (or Sellers’ the Seller’s designated representative) being present thereat. Prior to Buyers Buyer or their Representatives its agents accessing any Real Property real property and conducting tests or installing equipment thereon, Buyers Buyer shall provide Sellers Seller with a certificate of insurance naming the applicable Seller as an additional insured and evidencing liability coverage in form and substance reasonably acceptable to Sellers in an amount not less than Two Million Dollars ($2,000,000) and an aggregate limit of at least Five Million Dollars ($5,000,000)Seller.