Inspections in General; Relocation Survey. Beginning on the Effective Date, and continuing thereafter for a period of sixty (60) days (the “Due Diligence Period”), Buyer and its agents shall have a license (the “License”) to enter upon the Real Property for the purpose of making physical inspections and assessing relocation obligations with respect to any Motel Guests and any other persons occupying the Property in compliance with Buyer’s obligation under the California Relocation Assistance Law, California Government Code section 7260 et seq. (the “Relocation Assessment”), at Xxxxx’s sole risk, cost and expense. Prior to any entry onto the Real Property pursuant to the License, Buyer or Buyer’s agent conducting the inspection shall provide Seller with a certificate of insurance naming Seller as an additional insured and with an insurer and insurance limits and coverage reasonably satisfactory to Seller (which coverage shall include, at a minimum, general liability, personal injury and broad form property damage with limits of liability not less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate). All of such entries upon the Real Property shall be at reasonable times during normal business hours and after at least 24 hours prior notice to Seller or Seller’s agent, and Seller or Seller’s agent shall have the right to accompany Buyer during any activities performed by Xxxxx on the Real Property. Seller shall inform its Motel Guests of such inspections and coordinate with such Motel Guests in order to facilitate the inspection as provided herein. At Seller’s request and provided that Seller is not in default of this Agreement, Buyer shall provide Seller (at no cost to Seller) with a copy of the results of any final form tests and inspections made by Buyer (to the extent in Buyer’s possession as of the date of request by Seller), excluding only market and economic feasibility studies; provided however, Buyer shall not be liable for any such material provided to Seller and Buyer makes absolutely no representation or warranty of any kind regarding any such tests/inspections. If any inspection or test physically disturbs the Real Property, Xxxxx will restore the Real Property to substantially the same condition as existed before the inspection or test. Buyer shall defend, indemnify and hold Seller, Seller’s members, managers, officers, tenants, agents, contractors and employees harmless from and against any and all losses, costs, damages, claims, or liabilities, including but n...
