Common use of Inspections and Survey Clause in Contracts

Inspections and Survey. From and after the Effective Date until the Closing or any earlier termination of the Agreement pursuant to a right granted herein (such period referred to herein as the “Term of this Agreement”), Purchaser and its agents shall have, and Seller hereby grants to Purchaser, the right to make and perform any inspections, studies, evaluations, explorations, surveys (both boundary line and topographical) and tests on and to the Property as Purchaser shall desire, including, without limitation, Phase I, Phase II and other environmental inspections, soils tests, samplings, drilling and maintenance of test xxxxx, percolation tests and studies and other engineering tests. Purchaser shall provide Seller with reasonable prior notice before entering the Property to conduct any such investigations or inspections. Seller shall extend all reasonable cooperation to Purchaser, its agents, employees and contractors to facilitate such investigations and approvals. Purchaser, at Purchaser’s expense, shall have the right to cause a licensed surveyor or engineer to prepare an ALTA land title boundary and improvements survey of the Property (or an Updated Survey) (the “Survey”), establishing the boundaries of the Property. The Survey shall certify the acreage of the Property to the nearest hundredth of an acre. Seller grants Purchaser the right of ingress and egress on, over, through, across, to and from the Property and Seller’s other adjoining property, if any, for the purpose of making the foregoing inspections. Purchaser reserves the right to make written objections to title based upon the Survey or any update thereto as provided in Section 4 above. In addition to the Limited Warranty Deed (as hereinafter defined), Seller shall execute and deliver to Purchaser a Quitclaim Deed at Closing conveying the Property based upon legal description of the Property taken from the Survey (the “Quitclaim Deed”). By entering the Property for this or any other purpose, Purchaser accepts the risk of any physical damage Purchaser or its agents or contractors may cause to the Property or Seller’s personal property on the Property, and agrees, in the event Purchaser does not purchase the Property, to repair any damage caused by Purchaser or its agents or contractors to the Property, including closing, in accordance with Applicable Law (as hereinafter defined), any test xxxxx. Purchaser agrees to keep the Property free and clear of any mechanic’s or materialmen’s liens resulting from Purchaser’s or its agents’ or contractors’ activities on the Property and to restore the Property, to the extent practicable, to its original condition prior to such activity by Purchaser. Additionally, Purchaser agrees to indemnify Seller against and hold Seller harmless from all liability caused by Purchaser’s or its agents’ or contractors’ gross negligence or willful misconduct in connection with Purchaser’s or its agents’ or contractors’ activities on the Property during the Term of this Agreement, except to the extent caused by the negligence or willful misconduct of Seller, its agents, employees, managers, tenants, subtenants, licensees, permittees, invitees, contractors or subcontractors. Notwithstanding the foregoing indemnity, the parties agree that in no event shall Purchaser be liable with respect to any claims, damages, liabilities or expenses arising out of the mere discovery by Purchaser or its agents or contractors, or the failure to report, any pre-existing conditions, or any acts or omissions of Seller, its agents, employers, contractors, officers or invitees. The provisions of this paragraph shall survive the expiration or any earlier termination of this Agreement.

Inspections and Survey. From and after the Effective Date until the Closing or any earlier termination of the Agreement pursuant to a right granted herein (such period referred to herein as the “Term of this Agreement”), Purchaser and its agents shall have, and Seller hereby grants to Purchaser, the right to make and perform any inspections, studies, evaluations, explorations, surveys (both boundary line and topographical) and tests on and to the Property as Purchaser shall desire, including, without limitation, Phase I, Phase II and other environmental inspections, soils tests, samplings, drilling and maintenance of test xxxxx, percolation tests and studies and other engineering tests. Purchaser shall provide Seller with reasonable prior notice before entering the Property to conduct any such investigations or inspections. Seller shall extend all reasonable cooperation to Purchaser, its agents, employees and contractors to facilitate such investigations and approvals. Purchaser, at Purchaser’s expense, shall have the right to cause a licensed surveyor or engineer to prepare an ALTA land title boundary and improvements survey of the Property (or an Updated Survey) (the “Survey”), establishing the boundaries of the Property. The Survey shall certify the acreage of the Property to the nearest hundredth of an acre. Seller grants Purchaser the right of ingress and egress on, over, through, across, to and from the Property and Seller’s other adjoining property, if any, for the purpose of making the foregoing inspections. Purchaser reserves the right to make written objections to title based upon the Survey or any update thereto as provided in Section 4 above. In addition to the Limited Warranty Deed (as hereinafter defined), Seller shall execute and deliver to Purchaser a Quitclaim Deed at Closing conveying the Property based upon legal description of the Property taken from the Survey (the “Quitclaim Deed”). By entering the Property for this or any other purpose, Purchaser accepts the risk of any physical damage Purchaser or its agents or contractors may cause to the Property or Seller’s personal property on the Property, and agrees, in the event Purchaser does not purchase the Property, to repair any damage caused by Purchaser or its agents or contractors to the Property, including closing, in accordance with Applicable Law (as hereinafter defined), any test xxxxx. Purchaser agrees to keep the Property free and clear of any mechanic’s or materialmen’s liens resulting from Purchaser’s or its agents’ or contractors’ activities on the Property and to restore the Property, to the extent practicable, to its original condition prior to such activity by Purchaser. Additionally, Purchaser agrees to indemnify Seller against and hold Seller harmless from all liability caused by Purchaser’s or its agents’ or contractors’ gross negligence or willful misconduct in connection with Purchaser’s or its agents’ or contractors’ activities on the Property during the Term of this Agreement, except to the extent caused by the negligence or willful misconduct of Seller, its agents, employees, managers, tenants, subtenants, licensees, permittees, invitees, contractors or subcontractors. Notwithstanding the foregoing indemnity, the parties agree that in no event shall Purchaser be liable with respect to any claims, damages, liabilities or expenses arising out of the mere discovery by Purchaser or its agents or contractors, or the failure to report, any pre-existing conditions, or arising out of any acts or omissions of Seller, its agents, employers, contractors, officers or invitees. The provisions of this paragraph shall survive the expiration or any earlier termination of this Agreement.

Inspections and Survey. From and after the Effective Date until the Closing or any earlier termination of the Agreement pursuant to a right granted herein (such period referred to herein as the “Term of this Agreement”)Closing, Purchaser Buyer and its agents shall haveshall, and Seller hereby grants following advance written notice to PurchaserSeller, have the right to make and perform any conduct inspections, studies, evaluations, explorations, explorations and surveys (both boundary line and topographical) and tests on and to of the Property as Purchaser shall desire, including, without limitation, Phase I, Phase II and other environmental inspections, soils tests, samplings, drilling and maintenance of test xxxxx, percolation tests and studies studies, cultural studies, endangered species studies, and other engineering tests. Purchaser shall provide Seller with reasonable prior notice before entering In particular, Buyer may cause a surveyor or engineer, licensed in the State where the Property to conduct any such investigations or inspections. Seller shall extend all reasonable cooperation to Purchaseris located, its agents, employees and contractors to facilitate such investigations and approvals. Purchaser, at Purchaser’s expense, shall have the right to cause a licensed surveyor or engineer to prepare an ALTA land title a boundary and improvements line survey of the Property (or an Updated Survey) signed and sealed by a Utah registered land surveyor (the “Survey”), establishing the boundaries of the Property. The Survey shall certify the Property and acreage of the Property to the nearest one hundredth (100th) of an acre. Seller grants Purchaser Buyer the right of ingress and egress on, over, through, across, to and from the Property as reasonably designated by Seller, and Seller’s other adjoining property, if any, for the purpose of making the foregoing inspections. Purchaser reserves the right to make written objections to title based upon the Survey or any update thereto as provided in Section 4 above. In addition to the Limited Warranty Deed (as hereinafter defined), Seller shall execute and deliver at closing a Warranty Deed to Purchaser a Quitclaim Deed at Closing Buyer conveying the Property based upon on the legal description of the Property taken from the Survey (the “Quitclaim Deed”)Survey. By entering the Property for this or any other purpose, Purchaser Xxxxx accepts the risk of any physical damage Purchaser or its agents or contractors it may cause to the Property or Seller’s personal property on the Property, and agrees, in the event Purchaser Buyer does not purchase the Property, to repair any damage caused by Purchaser or its agents or contractors Buyer to the Property, including closing, in accordance with Applicable Law (as hereinafter defined)applicable law, any test xxxxx. Purchaser agrees to keep Buyer shall pay all of the costs of all investigations, surveys, and studies of the Property free requested by the Buyer, and clear of for any mechanicactual damage to Seller’s or materialmenand any tenant's crops and equipment, if any, caused by Xxxxx’s liens resulting from Purchaser’s or its agents’ or contractors’ activities on the Property and to restore the Property, with such payment to be made within thirty (30) days after the extent practicable, to its original condition prior to date Buyer is notified by Seller of such activity by Purchaserdamage. Additionally, Purchaser Xxxxx agrees to indemnify Seller against and hold Seller harmless from all liability caused by PurchaserXxxxx’s or its agents’ or contractors’ gross negligence or willful misconduct in connection with PurchaserBuyer’s or its agents’ or contractors’ activities on the Property during the Term of this Agreement, except to the extent caused by the negligence or willful misconduct of Seller, its agents, employees, managers, tenants, subtenants, licensees, permittees, invitees, contractors or subcontractors. Notwithstanding the foregoing indemnity, the parties agree that in no event shall Purchaser Buyer be liable with respect to for the discovery of any claimspreexisting condition of, damages, liabilities or expenses arising out of the mere discovery by Purchaser or its agents or contractorson, or related to the failure to report, any pre-existing conditions, or any acts or omissions of Seller, its agents, employers, contractors, officers or inviteesProperty. The provisions of this paragraph shall survive the expiration or any earlier termination of this Agreement.

Inspections and Survey. From and after the Effective Date until the Closing or any earlier termination of the Agreement pursuant to a right granted herein (such period referred to herein as the “Term of this Agreement”), Purchaser and its agents shall have, and Seller hereby grants to Purchaser, the right to make and perform any inspections, studies, evaluations, explorations, surveys (both boundary line and topographical) and tests on and to the Property as Purchaser shall desire, including, without limitation, Phase I, Phase II and other environmental inspections, soils tests, samplings, drilling and maintenance of test xxxxx, percolation tests and studies and other engineering tests. Purchaser shall provide Seller with reasonable prior notice before entering the Property to conduct any such investigations or inspections. Seller shall extend all reasonable cooperation to Purchaser, its agents, employees and contractors to facilitate such investigations and approvals. Purchaser, at Purchaser’s expense, shall have the right to cause a licensed surveyor or engineer to prepare an ALTA land title boundary and improvements survey of the Property (or an Updated Survey) (the “Survey”), establishing the boundaries of the Property. The Survey shall certify the acreage of the Property to the nearest hundredth of an acre. Seller grants Purchaser the right of ingress and egress on, over, through, across, to and from the Property and Seller’s other adjoining property, if any, for the purpose of making the foregoing inspections. Purchaser reserves the right to make written objections to title based upon the Survey or any update thereto as provided in Section 4 above. In addition to the Limited Warranty Deed (as hereinafter defined), Seller shall execute and deliver to Purchaser a Quitclaim Deed at Closing conveying the Property based upon legal description of the Property taken from the Survey (the “Quitclaim Deed”). By entering the Property for this or any other purpose, Purchaser accepts the risk of any physical damage Purchaser or its agents or contractors may cause to the Property or Seller’s personal property on the Property, and agrees, in the event Purchaser does not purchase the Property, to repair any damage caused by Purchaser or its agents or contractors to the Property, including closing, in accordance with Applicable Law (as hereinafter defined), any test xxxxx. Purchaser agrees to keep the Property free and clear of any mechanic’s or materialmen’s liens resulting from Purchaser’s or its agents’ or contractors’ activities on the Property and to restore the Property, to the extent practicable, to its original condition prior to such activity by Purchaser. Additionally, Purchaser agrees to indemnify Seller against and hold Seller harmless from all liability caused by Purchaser’s or its agents’ or contractors’ gross negligence or willful misconduct in connection with Purchaser’s or its agents’ or contractors’ activities on the Property during the Term of this Agreement, except to the extent caused by the negligence or willful misconduct of Seller, its agents, employees, managers, tenants, subtenants, licensees, permittees, invitees, contractors or subcontractors. Notwithstanding the foregoing indemnity, the parties agree that in no event shall Purchaser be liable with respect to any claims, damages, liabilities or expenses arising out of the mere discovery by Purchaser or its agents or contractors, or the failure to report, any pre-existing conditions, or arising out of any acts or omissions of Seller, its agents, employers, contractors, officers or invitees. The provisions of this paragraph shall survive the expiration or any earlier termination of this Agreement.

Inspections and Survey. From and after the Effective Date until the Closing or any earlier termination of the Agreement pursuant to a right granted herein (such period referred to herein as the “Term of this Agreement”), Purchaser and its agents shall have, and Seller hereby grants to Purchaser, the right to make and perform any inspections, studies, evaluations, explorations, surveys (both boundary line and topographical) and tests on and to the Property as Purchaser shall desire, including, without limitation, Phase I, Phase II and other environmental inspections, soils tests, samplings, drilling and maintenance of test xxxxxwxxxx, percolation tests and studies and other engineering tests. Purchaser shall provide Seller with reasonable prior notice before entering the Property to conduct any such investigations or inspections. Seller shall extend all reasonable cooperation to Purchaser, its agents, employees and contractors to facilitate such investigations and approvals. Purchaser, at Purchaser’s expense, shall have the right to cause a licensed surveyor or engineer to prepare an ALTA land title boundary and improvements survey of the Property (or an Updated Survey) (the “Survey”), establishing the boundaries of the Property. The Survey shall certify the acreage of the Property to the nearest hundredth of an acre. Seller grants Purchaser the right of ingress and egress on, over, through, across, to and from the Property and Seller’s other adjoining property, if any, for the purpose of making the foregoing inspections. Purchaser reserves the right to make written objections to title based upon the Survey or any update thereto as provided in Section 4 above. In addition to the Limited Warranty Deed (as hereinafter defined), Seller shall execute and deliver to Purchaser a Quitclaim Deed at Closing conveying the Property based upon legal description of the Property taken from the Survey (the “Quitclaim Deed”). By entering the Property for this or any other purpose, Purchaser accepts the risk of any physical damage Purchaser or its agents or contractors may cause to the Property or Seller’s personal property on the Property, and agrees, in the event Purchaser does not purchase the Property, to repair any damage caused by Purchaser or its agents or contractors to the Property, including closing, in accordance with Applicable Law (as hereinafter defined), any test xxxxxwxxxx. Purchaser agrees to keep the Property free and clear of any mechanic’s or materialmen’s liens resulting from Purchaser’s or its agents’ or contractors’ activities on the Property and to restore the Property, to the extent practicable, to its original condition prior to such activity by Purchaser. Additionally, Purchaser agrees to indemnify Seller against and hold Seller harmless from all liability caused by Purchaser’s or its agents’ or contractors’ gross negligence or willful misconduct in connection with Purchaser’s or its agents’ or contractors’ activities on the Property during the Term of this Agreement, except to the extent caused by the negligence or willful misconduct of Seller, its agents, employees, managers, tenants, subtenants, licensees, permittees, invitees, contractors or subcontractors. Notwithstanding the foregoing indemnity, the parties agree that in no event shall Purchaser be liable with respect to any claims, damages, liabilities or expenses arising out of the mere discovery by Purchaser or its agents or contractors, or the failure to report, any pre-existing conditions, or any acts or omissions of Seller, its agents, employers, contractors, officers or invitees. The provisions of this paragraph shall survive the expiration or any earlier termination of this Agreement.