Noninterference with Business. The Properties are presently being used as daycare centers. Notwithstanding anything to the contrary, Purchaser may not conduct any of its tests or examinations during normal business hours except with the prior written permission of Seller, which may be arbitrarily withheld by Seller. No chemicals or hazardous substances shall be used in any testing or examination except with the prior written permission of Seller. No tools or materials shall be left or stored in or around the Properties during the Properties Review Period. Purchaser agrees to indemnify Seller and hold Seller harmless from the cost, liability, expense or injury to person or property arising out of any violation of this Section 5.5 including but not limited to attorney fees.
Appears in 5 contracts
Samples: Assignment of Purchase and Sale Agreement and Escrow Instructions (Aei Income & Growth Fund Xxi LTD Partnership), Assignment of Purchase and Sale Agreement and Escrow Instructions (Aei Income & Growth Fund Xxi LTD Partnership), Assignment of Purchase and Sale Agreement and Escrow Instructions (Aei Income & Growth Fund Xxi LTD Partnership)
Noninterference with Business. The Properties are presently being used as daycare centers. Notwithstanding anything to the contrary, Purchaser may not conduct any of its tests or examinations during normal business hours except with the prior written permission of Seller, Seller which may be arbitrarily withheld by Seller. No chemicals or hazardous substances shall be used in any testing or examination except with the prior written permission of Seller. No tools or materials shall be left or stored in or around the Properties during the Properties Review Period. Purchaser agrees to indemnify Seller and hold Seller harmless from the cost, liability, expense or injury to person or property arising out of any violation of this Section Paragraph 5.5 including but not limited to attorney fees.
Appears in 2 contracts
Samples: Purchase and Sale Agreement and Escrow Instructions (Aei Real Estate Fund Xv LTD Partnership), Purchase and Sale Agreement and Escrow Instructions (Aei Income & Growth Fund Xxii LTD Partnership)
Noninterference with Business. The Properties are presently being used as daycare centers. Notwithstanding anything to the contrary, Purchaser may not conduct any of its tests or examinations during normal business hours except with the prior written permission of Seller, which may be arbitrarily withheld by Seller. No chemicals or hazardous substances shall be used in any testing or examination except with the prior written permission of Seller. No tools or materials shall be left or stored in or around the Properties during the Properties Review Period. Purchaser agrees to indemnify Seller and hold Seller harmless from the cost, liability, expense or injury to person or property arising out of any violation of this Section Paragraph 5.5 including but not limited to attorney fees.
Appears in 1 contract
Samples: Purchase and Sale Agreement and Escrow Instructions (Aei Income & Growth Fund Xxii LTD Partnership)