Physical Inspection. Subject to the limitations set forth in this Section 4.1(c) and notwithstanding any provision to the contrary in this Agreement, commencing on the Effective Date and continuing through the Closing or any earlier termination of this Agreement, Buyer shall have the right, at Buyer’s expense, to make inspections (including tests, surveys and other studies) of the Real Property and all matters relating thereto, including, but not limited to, soils and geologic conditions, location of property lines, utility availability and use restrictions, environmental conditions, the manner or quality of the construction of the Improvements, the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Real Property, the effect of applicable planning, zoning and subdivision statutes, ordinances, regulations, restrictions and permits, the character and amount of any fees or charges that must be paid to further develop, improve and/or occupy the Real Property and all other matters relating to the Real Property. Prior to Closing, Buyer and its agents, contractors and subcontractors shall have the right to enter upon the Real Property, at reasonable times during ordinary business hours, to make inspections and tests as Buyer deems reasonably necessary and which may be accomplished without causing any material damage to the Real Property including, without limitation, the right to conduct a phase I environmental audit and an investigation with respect to the Real Property’s compliance with the requirements of Title III of the Americans with Disabilities Act of 1990. Notwithstanding the foregoing, in no event shall Buyer, its agents, contractors or subcontractors conduct any invasive testing on the Real Property without Seller’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Buyer shall not materially interfere with any Tenant, occupant or invitee of the Real Property in making such inspections or tests, and shall return and restore the Property to substantially its original condition prior to such inspections or tests. Buyer shall not permit any liens or encumbrances to be placed against the Real Property in connection with Buyer’s investigation and inspection of the Real Property and/or in connection with Buyer’s activities on the Real Property. Buyer hereby agrees to and shall indemnify, defend and hold harmless Seller and Seller’s members, managers, partners, officers, directors,...
Physical Inspection. Agent shall be satisfied with its physical inspection of the Additional Eligible Resorts.
Physical Inspection. Buyer has 10 or ______________ days from the receipt of the Property Information Sheet or the Date of Agreement, whichever is later, to satisfy itself with regard to the physical aspects and size of the Property.
Physical Inspection. Lender shall be satisfied with its physical inspection of the Additional Eligible Resorts.
Physical Inspection. The Construction Consultant shall have prepared a physical inspection report reasonably satisfactory to WPHC.
Physical Inspection. Provider Personnel and all bags, luggage, and other containers brought on the Purchasing Entity premises by Provider Personnel are subject to the Purchasing Entity’s reasonable inspection at any time and without notice. Any property situated on the Purchasing Entity’s premises and owned by the Purchasing Entity, including disks and other storage media, filing cabinets or other work areas, is also subject to the Purchasing Entity’s inspection at any time with and without notice.
Physical Inspection. The University shall permit the inspection of the Project by the City to determine compliance with law or the provisions of this Agreement. Except in case of an emergency, any such inspection shall be conducted during normal business hours, with the verbal concurrence by the appropriate construction representative of the University. Any such inspection shall be conducted through any person acting under the direct supervision and responsibility of a professional engineer, or other qualified professional.
Physical Inspection. Vessel Owner agrees at the commencement of this Agreement, and from time to time thereafter as the Company or its Manager may in its sole and absolute discretion determine is necessary for purposes of health and/or safety, the Vessel and Slip shall be subjected to physical inspection and approval by the Company; failure to permit such inspections will be regarded as a material breach of the Agreement.
Physical Inspection. Buyer has inspected and approved the physical condition of the Property and conducted any soil, hazardous waste or engineering studies with respect to the Property Buyer deemed necessary or appropriate. 4.2
Physical Inspection. Subject to the other provisions of this Section 5(a), Seller shall provide Buyer and Buyer’s authorized representatives, at all reasonable times before the Closing Date and upon adequate notice to Seller, with physical access to the Properties for the purpose of inspecting same; provided that such access shall be at Buyer’s sole cost and liability. Buyer recognizes that some or all of the Properties may be operated by parties other than Seller and that Seller’s ability to obtain access to such properties, and the manner and extent of such access, is subject to such third parties’ approval.
