Common use of Inspections, Tests and Studies Clause in Contracts

Inspections, Tests and Studies. CBL/OP acknowledges that prior to the Final Approval Date, CBL/OP and CBL/OP's authorized agents, consultants, contractors and representatives have been afforded access to the Real Property to inspect and conduct such tests and studies of the Real Property as CBL/OP has deemed appropriate to determine the suitability of the Property for CBL/OP's purposes, and that CBL/OP has performed all such investigations as CBL/OP deems necessary. CBL/OP and CBL/OP's authorized agents, consultants, contractors and representatives may continue to have reasonable access to the Real Property at all reasonable times during normal business hours to inspect and conduct reasonably necessary non-invasive tests and studies of the Real Property and the Improvements, but notwithstanding anything to the contrary contained in this Agreement, CBL/OP shall have no right to terminate this Agreement by reason of any matter revealed by any such entry, inspection, tests and studies. CBL/OP shall not conduct any invasive inspections, tests or studies of the Real Property without the specific prior written approval of Property Owner, which approval shall not be unreasonably withheld by Property Owner. If CBL/OP desires access to the Real Property, CBL/OP shall give at least 24 hours prior written or oral notice to Property Owner and Property Owner's Property Manager of CBL/OP's intention to enter the Real Property. Property Owner may impose reasonable conditions on any inspections, tests and studies to be conducted by CBL/OP or CBL/OP's authorized agents, consultants, contractors and representatives to ensure that CBL/OP takes all appropriate safety precautions and observes the requirements of Section 4.4

Inspections, Tests and Studies. CBL/OP acknowledges that prior to the Final Approval Date, CBL/OP and CBL/OP's authorized agents, consultants, contractors and representatives have been afforded access to the Real Property to inspect and conduct such tests and studies of the Real Property as CBL/OP has deemed appropriate to determine the suitability of the Property for CBL/OP's purposes, and that CBL/OP has performed all such investigations as CBL/OP deems necessary. CBL/OP and CBL/OP's authorized agents, consultants, contractors and representatives may continue to have reasonable access to the Real Property at all reasonable times during normal business hours to inspect and conduct reasonably necessary non-invasive tests and studies of the Real Property and the Improvements, but notwithstanding anything to the contrary contained in this Agreement, CBL/OP shall have no right to terminate this Agreement by reason of any matter revealed by any such entry, inspection, tests and studies. CBL/OP shall not conduct any invasive inspections, tests or studies of the Real Property without the specific prior written approval of Property Owner, which approval shall not be unreasonably withheld by Property Owner. If CBL/OP desires access to the Real Property, CBL/OP shall give at least 24 hours prior written or oral notice to Property Owner and Property Owner's Property Manager of CBL/OP's intention to enter the Real Property. Property Owner may impose reasonable conditions on any inspections, tests and studies to be conducted by CBL/OP or CBL/OP's authorized agents, consultants, contractors and representatives to ensure that CBL/OP takes all appropriate safety precautions and observes the requirements of Section 4.4OP

Inspections, Tests and Studies. CBL/OP acknowledges that prior After Purchaser has provided to Seller a certificate of insurance evidencing procurement of a commercial general liability insurance policy covering the Final Approval Dateactivities of Purchaser and Purchaser’s agents, CBL/OP consultants and/or contractors (as the case may be) as required in Section 3.9.1 below, Seller shall permit Purchaser and CBL/OP's Purchaser’s authorized agents, consultants, consultants and contractors and representatives have been afforded access to enter upon the Real Property during reasonable business hours to inspect make and conduct perform such reasonable non-invasive environmental evaluations, and other non-invasive inspections, investigations, tests and studies of the Real Property as CBL/OP has deemed appropriate to determine the suitability of the Property for CBL/OP's purposes, and that CBL/OP has performed all such investigations as CBL/OP deems necessary. CBL/OP and CBL/OP's authorized agents, consultants, contractors and representatives may continue to have reasonable access to the Real Property at all reasonable times during normal business hours to inspect and conduct reasonably necessary non-invasive tests and studies physical condition of the Real Property and the Improvementsas Purchaser may elect to make or obtain; provided, but notwithstanding however, that any soil vapor or air sampling shall be deemed “invasive” testing for purposes of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, CBL/OP shall have no right to terminate this Agreement by reason of any matter revealed by any such entry, inspection, tests and studies. CBL/OP shall not conduct any invasive inspections, tests or studies of the Real Property without the specific prior written approval of Property Owner, which approval Purchaser shall not be unreasonably withheld by Property Ownerpermitted to undertake any invasive, intrusive or destructive investigation, testing or study of the Property, including a “Phase II” environmental assessment and/or soil vapor or air sampling, without in each instance first obtaining Seller’s written consent thereto, which consent Seller may give, withhold or condition in Seller’s sole and absolute discretion. If CBL/OP Purchaser desires access to the Real Property, CBL/OP Purchaser shall give at least 24 hours one (1) Business Day’s prior written or oral notice to Property Owner and Property Owner's Property Manager Seller of CBL/OP's Purchaser’s intention to enter the Real Property. Unless Seller expressly agrees otherwise, a representative of Seller must be present for any such inspection, test or study conducted on the Real Property. Purchaser shall not interfere with the operation, use and maintenance of the Real Property Owner may impose or any construction work being performed on the Real Property or any other portions of the Project. Purchaser shall abide by all reasonable conditions on and safety rules and regulations imposed by Seller as to any inspections, tests and studies to be conducted by CBL/OP Purchaser or CBL/OP's Purchaser’s authorized agents, consultantsconsultants and contractors. Prior to Purchaser conducting any inspections, contractors investigations, tests or studies of the Property, Seller shall have the right to reasonably approve the company or party(s) who will perform such inspections, investigations, tests or studies and representatives the proposed scope of the inspections, investigations, tests or studies. Purchaser shall bear the cost of all inspections, evaluations, investigations, tests and studies conducted by or on behalf of Purchaser. Purchaser shall have until the Due Diligence Deadline to ensure that CBL/OP takes all appropriate safety precautions approve in Purchaser’s sole and observes absolute discretion the requirements results of any evaluations, inspections, investigations, tests and studies of the Property as Purchaser desires to have made or performed by delivering the Approval Notice (as defined in Section 4.43.8 below) to Seller. Purchaser’s failure to deliver the Approval Notice to Seller prior to the Due Diligence Deadline shall be deemed to be Purchaser’s election to terminate this Agreement, and a failure of this Purchaser Initial Due Diligence Condition set forth in this Section 3.2, in which case this Agreement shall terminate pursuant to Section 3.8.1 below.