Inspections in General. During the Due 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 commercial general liability insurance naming Seller as an additional insured and with an insurer rated by A.M Best’s Rating of no less than A- VII and insurance limits of $2 million per occurrence and in the aggregate. All of such entries upon the Property shall be at reasonable times during normal business hours and after at least 24 hours prior written or oral notice to Seller or Seller’s agent, and Seller or Seller’s agent shall have the right to accompany Purchaser during any activities performed by Purchaser on the Property. Within 5 days after Seller’s request, Purchaser shall provide Seller with a copy of the results of any tests and inspections made by or for Purchaser, excluding only market and economic feasibility studies (the “Purchaser’s Reports”). 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 shareholders, directors, officers, agents, contractors and employees 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. This indemnity shall survive the closing and any termination of this Agreement.
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Inspections in General. During the Due 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 commercial general liability insurance naming Seller as an additional insured and with an insurer rated by A.M Best’s Rating of no less than A- VII and insurance limits of $2 million per occurrence and in the aggregate. All of such entries upon the Property shall be at reasonable times during normal business hours and after at least 24 hours prior written or oral notice to Seller or Seller’s agent, and Seller or Seller’s agent shall have the right to accompany Purchaser during any activities performed by Purchaser on the Property. Within 5 days after Purchaser shall not contact any tenant of the Property, any employees of Seller, any governmental agency or instrumentality, or any other third person regarding the Property without the prior written consent of Seller. Upon reasonable prior written notice and request from Purchaser, Seller shall notify tenants of the Property and permit Purchaser to view occupied units, subject to the rights of tenants under their leases and except to the extent specifically prohibited in such tenants’ leases. At Seller’s request, Purchaser shall provide Seller with a copy of the results of any tests and inspections made by or for Purchaser, excluding only market and economic feasibility studies (the “Purchaser’s Reports”)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, Seller’s shareholdersmembers, officers, directors, officers, agents, contractors and 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’s inspection of the Property as allowed herein. This indemnity The provisions of this paragraph shall survive the closing and any Closing or the earlier termination of this Agreement.
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Samples: Purchase and Sale Agreement (Asset Capital Corporation, Inc.)
Inspections in General. During At all times prior to Closing, including times following the Due 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 commercial general liability insurance naming Seller as an additional insured and with an insurer rated by A.M Best’s Rating of no less than A- VII and insurance limits of $2 million per occurrence and in the aggregate. All of such entries upon the Property shall be at reasonable times during normal business hours and after at least 24 hours prior written or oral 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. Within 5 days after Seller’s requestPurchaser acknowledges that since the Property is currently utilized as a public garage and parking lot, Purchaser shall provide Seller with a copy of the results of any tests all entries and inspections made by or for Purchaser, excluding only market and economic feasibility studies (shall be done in a manner which minimizes the “Purchaser’s Reports”)disruption of such 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 contractors, employees, successors and employees and the Property assigns (“Seller Related Parties”) 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. This indemnity shall survive the closing and Closing or any termination of this Agreement.
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Inspections in General. During the Due 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 entry, Purchaser shall provide Seller with a certificate of commercial general liability insurance naming Seller as an additional insured and with an insurer rated by A.M Best’s Rating of no less than A- VII and insurance limits of $2 million per occurrence and in the aggregate. All of such entries upon the Property shall be at reasonable times during normal business hours and after at least 24 hours prior written or oral notice to Seller or At Seller’s agent, and Seller or Seller’s agent shall have the right to accompany Purchaser during any activities performed by Purchaser on the Property. Within 5 days after Seller’s 's request, Purchaser shall provide Seller with a copy of the results of any tests tests, inspections, title reports and inspections surveys made or obtained by or for PurchaserPurchaser to the extent that the provision of such results is not prohibited by the party that conducted the test, excluding only market and economic feasibility studies (the “Purchaser’s Reports”)inspection and/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 shareholders's members and managers, LDM's officers, directors, officers, and the agents, contractors and 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. This indemnity Notwithstanding the foregoing, Purchaser shall have no responsibility or liability with respect to activities of 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 behalf of Seller. The provisions of this paragraph shall survive the closing and any Closing or the earlier termination of this Agreement.
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Samples: Assignment of Purchase and Sale Agreement (Cole Credit Property Trust II Inc)
Inspections in General. During the Due 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 commercial general liability insurance naming Seller as an additional insured and with an insurer rated by A.M Best’s Rating of no less than A- VII and insurance limits of $2 million per occurrence and in the aggregatereasonably 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 written or oral notice to Seller or Seller’s 's agent, and Seller or Seller’s 's agent shall have the right to accompany Purchaser during any activities performed by Purchaser on the Property. Within 5 days after Purchaser shall not disturb the tenants on the Property, and Purchaser's inspection shall be subject to the rights of tenants under their Lease. At Seller’s 's request, Purchaser shall provide Seller with a copy of the results of any tests and inspections made by or for Purchaser, excluding only market and economic feasibility studies (the “Purchaser’s Reports”)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 shareholders, directorsSeller's trustees, officers, tenants, agents, contractors and 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. This indemnity shall survive 's inspection of the closing and any termination of this AgreementProperty as allowed herein.
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Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)
Inspections in General. During the Due Diligence Period, Purchaser, Purchaser and its agents, and employees agents 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 commercial general liability insurance naming Seller as an additional insured and with an insurer rated by A.M Best’s Rating of no less than A- VII and insurance limits of (minimum $2 million per occurrence 5 million) and in the aggregatecoverage 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 written or oral notice to Seller or Seller’s agent, and Seller or Seller’s agent shall have the right to accompany Purchaser during any 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 their Leases and with respect to the Nokia buildings, subject to an inspection schedule approved by Nokia. Within 5 five days after Seller’s request, Purchaser shall provide Seller with a copy of the results of any tests and inspections made by or for Purchaser, excluding only market and economic feasibility studies (the “Purchaser’s Reports”). 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 shareholders, directors, officerstenants, agents, contractors and employees 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. This indemnity shall indemnify such indemnitees for their simple, but not gross, negligence. This indemnity shall survive the closing and any termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)
Inspections in General. During Through the Due Diligence PeriodClosing 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 commercial general liability insurance naming Seller as an additional insured and with an insurer rated by A.M Best’s Rating of no less than A- VII and insurance limits of (minimum $2 million per occurrence 5 million) and in the aggregatecoverage 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 written or oral 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. Within 5 days after Seller’s request, Purchaser shall provide Seller with a copy of not disturb the results of any tests tenants on the Property, and inspections made by or for Purchaser, excluding only market and economic feasibility studies (the “Purchaser’s Reports”)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 contractors, employees, successors and employees 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 and Closing or any termination of this Agreement.
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Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)