Ongoing Site Visits. Cedar and its employees, agents, contractors, consultants and representatives ("Consultants") shall have reasonable access to the Property on at least one (1) Business Day's (as that term is hereinafter defined) prior notice to Owners (which notice may be delivered by telephone to Brian Friedman of Tower Investments, Inc. at (215) 467-4600), during xxxxxxxxxx xxmes as mutually agreed upon by Xxxxxx xxx Xxxar solely for the purpose of (i) inspecting the physical and structural condition of the Property and conducting non-intrusive physical inspections and tests (non-intrusive physical inspections and tests shall include, for example, taking de minimis samples of building materials), and (ii) monitoring the ongoing operations of the Property (including, without limitation, the performance by Tenants of their respective obligations under the Leases). If Cedar desires to conduct any intrusive physical inspections and tests, including a Phase II environmental inspection of the Property, Cedar shall identify in writing the procedures Cedar desires to perform and request Owner's consent. If Owners object to the inspections and tests requested by Cedar, Owners shall describe the basis for their objection to Cedar and propose to Cedar a reasonable alternative for resolving the issue giving rise to Cedar's request for intrusive physical inspections or tests. If Owners consent to the inspections and tests requested by Cedar, Cedar and Consultants shall, in performing intrusive physical inspections or tests, (a) comply with any and all statutes, laws, ordinances, rules and regulations applicable to the Property, and (b) restore the Property to the condition, in all material respects, in which the same was found before inspection or testing was undertaken, but in no event later than two (2) Business Days after such inspection or testing occurs.
Appears in 1 contract
Samples: Recapitalization Agreement (Cedar Shopping Centers Inc)
Ongoing Site Visits. Cedar Buyer and its employees, agents, contractors, consultants and representatives ("Consultants") shall have reasonable access to the Property Premises on at least one (1) Business Day's (as that term is hereinafter defined) prior notice to Owners Seller (which notice may be delivered by telephone to Brian Friedman of Tower Investments, Inc. Roger Calarese at (215508) 467528-46003700), during xxxxxxxxxx xxmes reasonable times as mutually agreed upon mutualxx xxxxxx xxxx by Xxxxxx xxx Xxxar Xxxer solely for the purpose of (i) inspecting the physical and structural condition of the Property Premises and conducting non-intrusive physical inspections and tests (non-intrusive physical inspections and tests shall include, for example, taking de minimis samples of building materials), and (ii) monitoring the ongoing operations of the Property Premises (including, without limitation, the performance by Tenants of their respective obligations under the Leases). If Cedar Buyer desires to conduct any intrusive physical inspections and tests, including a Phase II environmental inspection of the PropertyPremises, Cedar then Buyer shall identify in writing the procedures Cedar Buyer desires to perform and request OwnerSeller's consent. If Owners object Seller objects to the inspections and tests requested by CedarBuyer, Owners then Seller shall describe the basis for their its objection to Cedar Buyer and propose to Cedar Buyer a reasonable alternative for resolving the issue giving rise to CedarBuyer's request for intrusive physical inspections or tests. If Owners consent Seller consents to the inspections and tests requested by CedarBuyer, Cedar then Buyer and Consultants shall, in performing intrusive physical inspections or tests, (a) comply with any and all statutes, laws, ordinances, rules and regulations applicable to the PropertyPremises, and (b) restore the Property Premises to the condition, in all material respects, in which the same was found before inspection or testing was undertaken, but in no event later than two ten (210) Business Days after such inspection or testing occurs, and (c) carry and provide to Seller evidence of such insurance as Seller may reasonably request.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Cedar Shopping Centers Inc)
Ongoing Site Visits. Cedar and its employees, agents, contractors, consultants and representatives ("Consultants") shall have reasonable access to the Property on at least one (1) Business Day's (as that term is hereinafter defined) prior notice to Owners (which notice may be delivered by telephone to Brian Friedman Xxxxx Xxxxxxxx of Tower Investments, Inc. at (215) 467-4600), during xxxxxxxxxx xxmes reasonable times as mutually agreed upon by Xxxxxx xxx Xxxar Owners and Cedar solely for the purpose of (i) inspecting the physical and structural condition of the Property and conducting non-intrusive physical inspections and tests (non-intrusive physical inspections and tests shall include, for example, taking de minimis samples of building materials), and (ii) monitoring the ongoing operations of the Property (including, without limitation, the performance by Tenants of their respective obligations under the Leases). If Cedar desires to conduct any intrusive physical inspections and tests, including a Phase II environmental inspection of the Property, Cedar shall identify in writing the procedures Cedar desires to perform and request Owner's consent. If Owners object to the inspections and tests requested by Cedar, Owners shall describe the basis for their objection to Cedar and propose to Cedar a reasonable alternative for resolving the issue giving rise to Cedar's request for intrusive physical inspections or tests. If Owners consent to the inspections and tests requested by Cedar, Cedar and Consultants shall, in performing intrusive physical inspections or tests, (a) comply with any and all statutes, laws, ordinances, rules and regulations applicable to the Property, and (b) restore the Property to the condition, in all material respects, in which the same was found before inspection or testing was undertaken, but in no event later than two ten (210) Business Days after such inspection or testing occurs.
Appears in 1 contract
Samples: Contribution Agreement (Cedar Shopping Centers Inc)
Ongoing Site Visits. Cedar and its employees, agents, contractors, consultants and representatives ("Consultants") shall have reasonable access to the Property on at least one (1) Business Day's (as that term is hereinafter defined) prior notice to Owners (which notice may be delivered by telephone to Brian Friedman Xxxxx Xxxxxxxx of Tower Investments, Inc. at (215) 467-4600), during xxxxxxxxxx xxmes reasonable times as mutually agreed upon by Xxxxxx xxx Xxxar Owners and Cedar solely for the purpose of (i) inspecting the physical and structural condition of the Property and conducting non-intrusive physical inspections and tests (non-intrusive physical inspections and tests shall include, for example, taking de minimis samples of building materials), and (ii) monitoring the ongoing operations of the Property (including, without limitation, the performance by Tenants of their respective obligations under the Leases). If Cedar desires to conduct any intrusive physical inspections and tests, including a Phase II environmental inspection of the Property, Cedar shall identify in writing the procedures Cedar desires to perform and request Owner's consent. If Owners object to the inspections and tests requested by Cedar, Owners shall describe the basis for their objection to Cedar and propose to Cedar a reasonable alternative for resolving the issue giving rise to Cedar's request for intrusive physical inspections or tests. If Owners consent to the inspections and tests requested by Cedar, Cedar and Consultants shall, in performing intrusive physical inspections or tests, (a) comply with any and all statutes, laws, ordinances, rules and regulations applicable to the Property, and (b) restore the Property to the condition, in all material respects, in which the same was found before inspection or testing was undertaken, but in no event later than two (2) Business Days after such inspection or testing occurs.
Appears in 1 contract
Samples: Recapitalization Agreement (Cedar Shopping Centers Inc)
Ongoing Site Visits. Cedar and its employees, agents, contractors, consultants and representatives ("Consultants") shall have reasonable access to the Property on at least one (1) Business Day's (as that term is hereinafter defined) prior notice to Owners (which notice may be delivered by telephone to Brian Friedman of Tower Investments, Inc. at (215) 467-4600), during xxxxxxxxxx xxmes as mutually agreed upon by Xxxxxx xxx Xxxar solely for the purpose of (i) inspecting the physical and structural condition of the Property and conducting non-intrusive physical inspections and tests (non-intrusive physical inspections and tests shall include, for example, taking de minimis samples of building materials), and (ii) monitoring the ongoing operations of the Property (including, without limitation, the performance by Tenants of their respective obligations under the Leases). If Cedar desires to conduct any intrusive physical inspections and tests, including a Phase II environmental inspection of the Property, Cedar shall identify in writing the procedures Cedar desires to perform and request Owner's consent. If Owners object to the inspections and tests requested by Cedar, Owners shall describe the basis for their objection to Cedar and propose to Cedar a reasonable alternative for resolving the issue giving rise to Cedar's request for intrusive physical inspections or tests. If Owners consent to the inspections and tests requested by Cedar, Cedar and Consultants shall, in performing intrusive physical inspections or tests, (a) comply with any and all statutes, laws, ordinances, rules and regulations applicable to the Property, and (b) restore the Property to the condition, in all material respects, in which the same was found before inspection or testing was undertaken, but in no event later than two ten (210) Business Days after such inspection or testing occurs.
Appears in 1 contract
Samples: Contribution Agreement (Cedar Shopping Centers Inc)