Common use of Inspections in General Clause in Contracts

Inspections in General. Through the Closing Date, Purchaser, its agents, and employees shall have the right to enter upon the Property for the purpose of making non-invasive inspections at Purchaser’s sole risk, cost and expense. Before any such entry, Purchaser shall provide Seller with a certificate of insurance naming Seller as an additional insured and with an insurer and insurance limits (minimum $5 million) and coverage reasonably satisfactory to Seller. All of such entries upon the 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 Purchaser during any inspection activities performed by Purchaser on the Property. Purchaser shall not disturb the tenants on the Property, and Purchaser’s inspection shall be subject to the rights of tenants under the Leases. If any inspection or test disturbs the Property, Purchaser will restore the Property to the same condition as existed before the inspection or test. Purchaser shall indemnify, defend and hold harmless Seller and Seller’s partners and their respective shareholders, directors, officers, affiliates, tenants, agents, contractors, employees, successors and assigns (“Seller Related Parties”) and the Property from and against any and all losses, costs, damages, claims, or liabilities arising out of or in connection with any entry or inspections performed by Purchaser, its agents or representatives, but excluding claims arising from Purchaser’s discovery of existing conditions on the Property. This indemnity shall survive the Closing or any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)

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Inspections in General. Through During the Closing DateDue Diligence Period, Purchaser, its agents, and employees shall have the right to enter upon the Property Property, subject to the rights of LDM in the Property, for the purpose of making non-invasive inspections at Purchaser’s 's sole risk, cost and expense. Before any such entryAt Seller's request, Purchaser shall provide Seller with a certificate copy of insurance naming Seller as an additional insured the results of any tests, inspections, title reports and with an insurer and insurance limits (minimum $5 million) and coverage reasonably satisfactory surveys made or obtained by Purchaser to Seller. All the extent that the provision of such entries upon results is not prohibited by the Property shall be at reasonable times during normal business hours and after at least 24 hours prior notice to Seller or Seller’s agentparty that conducted the test, and Seller or Seller’s agent shall have the right to accompany Purchaser during any inspection activities performed by Purchaser on the Property. Purchaser shall not disturb the tenants on the Property, and Purchaser’s inspection shall be subject to the rights of tenants under the Leasesand/or study that yielded such results. If any inspection or test disturbs the Property, Purchaser will restore the Property to the same condition as existed before the inspection or test. Purchaser shall indemnifydefend, defend indemnify Seller and LDM and hold harmless Seller and LDM, Seller’s partners 's members and their respective shareholdersmanagers, LDM's officers, directors, officers, affiliates, tenants, and the agents, contractors, employees, successors contractors and assigns (“Seller Related Parties”) employees of all of them and the Property harmless from and against any and all losses, costs, damages, claims, or liabilities arising out liabilities, including but not limited to, Seller's and LDM's attorneys' fees, due to the negligence of or in connection with any entry or inspections performed by Purchaser, its employees or any of its agents during the inspection of the Property or representativeswith respect to any mechanic's and materialmen's liens asserted by persons hired by Purchaser to conduct such inspections. Notwithstanding the foregoing, but excluding claims arising from Purchaser’s discovery Purchaser shall have no responsibility or liability with respect to activities of existing conditions the inspectors hired to perform the Phase I, the Property Condition Assessment or any other inspection, report or activity conducted by parties hired by or on the Propertybehalf of Seller. This indemnity The provisions of this paragraph shall survive the Closing or any the earlier termination of this Agreement.

Appears in 1 contract

Samples: Assignment of Purchase and Sale Agreement (Cole Credit Property Trust II Inc)

Inspections in General. Through During the Closing DateDue Diligence Period, Purchaser, its agents, and employees shall have the right to enter upon the Property for the purpose of making non-invasive inspections at Purchaser’s sole risk, cost and expense. Before any such entry, Purchaser shall provide Seller with a certificate of insurance naming Seller as an additional insured and with an insurer and insurance limits (minimum $5 million) and coverage reasonably satisfactory to Seller. All of such entries upon the 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 right, but not the obligation, to accompany Purchaser during any inspection activities performed by Purchaser on the Property. Purchaser shall not disturb the tenants on the Property, and Purchaser’s inspection shall be subject to the rights of tenants under the their Master Leases. If any inspection or test disturbs the Property, Purchaser will restore the Property to the same condition as existed before the inspection or test. Purchaser shall indemnify, defend and hold harmless Seller and Seller’s partners and their respective shareholders, directors, officers, affiliates, tenants, agents, contractors, employees, successors and assigns (“Seller Related Parties”) and the Property from and against any and all losses, costs, damages, claims, or liabilities arising out of or in connection with any entry or inspections performed by Purchaser, its agents or representatives, but excluding claims arising from Purchaser’s discovery of existing conditions on the Property. This indemnity shall survive the Closing or any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Carramerica Realty L P)

Inspections in General. Through At all times prior to Closing, including times following the Closing DateDue Diligence Period, Purchaser, its agents, and employees shall have the right to enter upon the Property for the purpose of making non-invasive inspections at Purchaser’s sole risk, cost and expense. Before any such entry, Purchaser shall provide Seller with a certificate of insurance naming Seller as an additional insured and with an insurer and insurance limits (minimum $5 million) and coverage reasonably satisfactory to Seller. All of such entries upon the 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 opportunity to accompany Purchaser during any inspection activities performed by Purchaser on the Property. Purchaser shall not disturb acknowledges that since the tenants on the PropertyProperty is currently utilized as a public garage and parking lot, all entries and Purchaser’s inspection inspections shall be subject to done in a manner which minimizes the rights disruption of tenants under the Leasessuch business. If any inspection or test disturbs damages the Property or any cars of third parties parked on the Property, Purchaser will restore the Property to the same condition as existed before the inspection or testtest and be solely liable for any and all damage to cars parked on the Property caused by Purchaser’s entry onto or inspections of the Property. Purchaser shall indemnify, defend and hold harmless Seller and Seller’s partners and their respective shareholders, directors, officers, affiliates, tenants, agents, contractors, employees, successors and assigns (“Seller Related Parties”) and the Property from and against any and all losses, costs, damages, claims, or liabilities (collectively, “Losses”) arising out of or in connection with any entry or inspections performed by Purchaser, its agents or representatives, but excluding claims arising from Purchaser’s discovery of existing conditions on the Property. This indemnity shall survive the Closing or any termination of this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (MVP REIT, Inc.)

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Inspections in General. Through During the Closing DateDue Diligence Period, Purchaser, its agents, and employees shall have the right to enter upon the Property for the purpose of making non-invasive inspections at Purchaser’s 's sole risk, cost and expense. Before any such entry, Purchaser shall provide Seller with a certificate of insurance naming Seller as an additional insured and with an insurer and insurance limits (minimum $5 million) and coverage reasonably satisfactory to Seller. All of such entries upon the Property shall be at reasonable times during normal business hours and after at least 24 hours prior notice to Seller or Seller’s 's agent, and Seller or Seller’s 's agent shall have the right to accompany Purchaser during any inspection activities performed by Purchaser on the Property. Purchaser shall not disturb the tenants on the Property, and Purchaser’s 's inspection shall be subject to the rights of tenants under their Lease. At Seller's request, Purchaser shall provide Seller with a copy of the Leasesresults of any tests and inspections made by Purchaser, excluding only market and economic feasibility studies. If any inspection or test disturbs the Property, Purchaser will restore the Property to the same condition as existed before the inspection or test. Purchaser shall indemnifydefend, defend indemnify Seller and hold harmless Seller and Seller’s partners and their respective shareholders, directorsSeller's trustees, officers, affiliates, tenants, agents, contractors, employees, successors contractors and assigns (“Seller Related Parties”) employees and the Property harmless from and against any and all losses, costs, damages, claims, or liabilities liabilities, including but not limited to, mechanic's and materialmen's liens and Seller's attorneys' fees, arising out of or in connection with any entry or inspections performed by Purchaser, its agents or representatives, but excluding claims arising from Purchaser’s discovery 's inspection of existing conditions on the Property. This indemnity shall survive the Closing or any termination of this AgreementProperty as allowed herein.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)

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