Lessee’s Due Diligence. Prior to entering into this Lease, the Lessee, in the exercise of due diligence, has made a thorough, independent examination of the Premises and all matters relevant to the Lessee’s decision to enter into this Lease, and the Lessee is thoroughly familiar with all aspects of the Premises and is satisfied that they are in an acceptable condition and meet the Lessee’s needs.
Lessee’s Due Diligence. From the Effective Date at Lessee’s sole expense, Lessee and its Permittees have the right to enter upon Lease Area to conduct and perform soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of Lease Area and Lease Area (collectively, the “Tests”); (iii) to apply for and obtain licenses, permits, approvals, or other relief required or deemed necessary or appropriate for Lessee’s use of Lease Area including, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"); (iv) to initiate, order and/or schedule utilities; and (v) otherwise to do those things on or off Lease Area that, in the sole discretion, opinion or judgment of Lessee, are necessary or desirable to determine the physical condition of Lease Area, the environmental history of Lease Area, State’s title to Lease Area and the feasibility or suitability of Lease Area for Lessee’s use of Lease Area for a Communications Site. Lessee will not be liable to State or any third party on account of any pre-existing defect or condition on or with respect to Lease Area, regardless of whether such defect or condition is disclosed by Lessee’s inspection. The Testing Period shall conclude upon completion of tests or the start of construction, whichever comes first. At the conclusion of the Testing Period, to the extent Lessee may alter or damage Lease Area as a result of its activities on Lease Area during the Testing Period, Lessee will restore Lease Area to its condition as it existed at the Effective Date, reasonable wear and tear and casualty not caused by Lessee excepted. Subject to the foregoing, Lessee shall indemnify, defend and hold State harmless from and against any and all injury, loss, damage or claims arising directly out of or as a result of Lessee conducting the Tests and its entry onto Lease Area during the Testing Period. If after performing the Tests and examinations noted above, Lessee determines that Lease Area is not suitable for Lessee’s intended use, Lessee may terminate this Lease and have no further obligation to State.
Lessee’s Due Diligence. Prior to entering into this Lease, Xxxxxx has made a thorough, independent examination of the Premises and all matters relevant to Xxxxxx's decision to enter into this Lease, and Xxxxxx is thoroughly familiar with all aspects of the Premises and is satisfied that they are in an acceptable condition and meet Xxxxxx's needs. Without in any way limiting the generality of the foregoing, Xxxxxx's inspection and review has included, to the extent that Lessee in its sole discretion has deemed necessary or appropriate:
Lessee’s Due Diligence
