Common use of Pre-Closing Inspection Clause in Contracts

Pre-Closing Inspection. Prior to the Closing, Purchaser agrees to participate in one walk-through of the Property (“Walk-Through”) with Seller’s representative in order to compile a list of items the parties mutually agree need correction, which are apparent at the time of inspection (“Walk-Through List”), which Walk-Through List shall be signed by both Purchaser and Seller. If Purchaser fails or refuses to complete the Walk-Through or to sign the Walk- Through List, or to have Purchaser’s designee do so on Purchaser’s behalf prior to Closing, Seller may either designate a qualified third party, who is not an agent or employee of Seller, to complete the inspection on Purchaser’s behalf before the Closing, or, at Purchaser’s election, Purchaser may waive, in writing, Purchaser’s right to participate in the inspection (“Walk- ThroughWaiver”). Items of uncompleted construction, which do not materially affect occupancy, shall notprovide a basis for Purchaser to cancel this Agreement, withhold funds at the Closing, or delay the Closing. Seller will endeavor to complete the items on the Walk-Through List at Seller’s expense within the later to occur of sixty (60) working days after preparation of the Walk-Through List orsixty (60) working days after the date of Closing, subject to extension for such period as Seller is delayed for reasons outside of its control. Purchaser understands that paving, exterior cement work, landscaping and final exterior finish may not be completed when a temporary or conditional certificate of occupancy is issued and that Seller will complete such paving, exterior cement workor landscaping and final exterior finish work as soon as practicable thereafter.

Pre-Closing Inspection. Prior to the Closing, Purchaser Xxxxxxxxx agrees to participate in one walk-through of the Property (“Walk-Through”) with Seller’s representative in order to compile a list of items the parties mutually agree need correction, which are apparent at the time of inspection (“Walk-Through List”), which Walk-Through List shall be signed by both Purchaser and Seller. If Purchaser fails or refuses to complete the Walk-Through or to sign the Walk- Through List, or to have Purchaser’s designee do so on Purchaser’s behalf prior to Closing, Seller may either designate a qualified third party, who is not an agent or employee of Seller, to complete the inspection on Purchaser’s behalf before the Closing, or, at Purchaser’s election, Purchaser may waive, in writing, Purchaser’s right to participate in the inspection (“Walk- ThroughWaiver”). Items of uncompleted construction, which do not materially affect occupancy, shall notprovide a basis for Purchaser to cancel this Agreement, withhold funds at the Closing, or delay the Closing. Seller will endeavor to complete the items on the Walk-Through List at Seller’s expense within the later to occur of sixty (60) working days after preparation of the Walk-Through List orsixty (60) working days after the date of Closing, subject to extension for such period as Seller is delayed for reasons outside of its control. Purchaser understands that paving, exterior cement work, landscaping and final exterior finish may not be completed when a temporary or conditional certificate of occupancy is issued and that Seller will complete such paving, exterior cement workor landscaping and final exterior finish work as soon as practicable thereafter.

Pre-Closing Inspection. Purchaser shall have until the earlier of (a) twenty (20) days from the Effective Date, or (b) five (5) days prior to the Closing Date, within which to conduct any and all inspections of the Unit that Purchaser elects to conduct (the “Inspection Period”). The parties shall mutually agree on the date and time of Purchaser’s inspections so Seller may make the necessary arrangements for Purchaser’s entry into the Unit on and at such agreed date and time. Seller shall have the right to have one of its representatives present during any inspection of the Unit by Purchaser. Any inspection performed by or on behalf of Purchaser shall be at Purchaser’s sole cost and expense. In the event Purchaser fails to inspect the Unit prior to the expiration of the Inspection Period, then Purchaser shall have waived its right to inspect the Unit prior to Closing. Prior to the Closingexpiration of the Inspection Period, Purchaser agrees shall provide Seller with a copy of its inspection report together with written notice (the “Purchaser’s Notice”) of any matters disclosed in such inspection report that are not satisfactory to participate in one walk-through Purchaser (the “Repair Items”). Seller shall not be required to repair, replace or give any credit for the repair or replacement of any Repair Items due to “cosmetic conditions”. For purposes hereof, “cosmetic conditions” means cracks, scratches, discolorments or aesthetic imperfections that do not affect the working condition of the Property Repair Item. Within five (5) days of its receipt of the inspection report and Purchaser’s Notice, Seller shall provide Purchaser with written notice (the “Walk-ThroughSeller’s Notice”) with Seller’s representative in order to compile a list of items the parties mutually agree need correctionthose Repair Items, which are apparent at the time of inspection if any: (“Walk-Through List”), which Walk-Through List shall be signed by both Purchaser and Seller. If Purchaser fails or refuses to complete the Walk-Through or to sign the Walk- Through List, or to have Purchaser’s designee do so on Purchaser’s behalf y) that Seller will repair prior to Closing, ; or (z) for which Seller may either designate will issue a qualified third party, who is not an agent or employee of Seller, credit (such credit being equal to complete the inspection on Purchaser’s behalf before the Closing, or, at Purchaser’s election, Purchaser may waive, in writing, Purchaser’s right to participate estimated repair amount set forth in the inspection (“Walk- ThroughWaiver”). Items of uncompleted construction, which do not materially affect occupancy, shall notprovide a basis for Purchaser to cancel this Agreement, withhold funds report) at the Closing, or delay the Closing. If Seller will endeavor refuses to complete either repair and/or issue a credit for each of the items on Repair Items in the Walk-Through List at Purchaser’s Notice, then Purchaser shall have the right to terminate this Contract by delivering a written notice to Seller within two (2) days after its receipt of the Seller’s expense within Notice. Should Seller timely receive a written notice of termination from Purchaser, then this Contract shall terminate, the later Escrow Agent shall return the Deposit to occur Purchaser, and the parties shall be released from all terms and provisions of sixty this Contract, except from those that expressly survive termination. Should, however, Seller fail to timely receive a written notice of termination from Purchaser, then Purchaser shall have waived its right to terminate this Contract under this Section E.3. Purchaser shall indemnify, defend and hold Seller harmless from and against any and all claims, causes of action, losses, damages, liabilities, injuries, fees, costs, expenses and charges (60including, without limitation, attorneys’ fees and costs) working days after preparation incurred by Seller as a result of any inspection of the Walk-Through List orsixty (60) working days after the date Unit by or on behalf of Closing, subject to extension for such period as Seller is delayed for reasons outside Purchaser. This Section shall survive Closing or any earlier termination of its control. Purchaser understands that paving, exterior cement work, landscaping and final exterior finish may not be completed when a temporary or conditional certificate of occupancy is issued and that Seller will complete such paving, exterior cement workor landscaping and final exterior finish work as soon as practicable thereafterthis Contract.

Pre-Closing Inspection. Prior to the Closing, Purchaser agrees to participate in one walk-through of the Property Unit (“"Walk-Through”") with Seller’s 's representative in order to compile a list of items the parties mutually agree need correction, which are apparent at the time of inspection (“"Walk-Through List”"), which Walk-Through List shall be signed by both Purchaser and Seller. If Purchaser fails or refuses to complete the Walk-Through or to sign the Walk- Walk-Through List, or to have Purchaser’s 's designee do so on Purchaser’s 's behalf prior to Closing, Seller may either designate a qualified third party, who is not an agent or employee of Seller, to complete the inspection on Purchaser’s 's behalf before the Closing, or, at Purchaser’s 's election, Purchaser may waive, in writing, Purchaser’s 's right to participate in the inspection (“Walk- ThroughWaiver”"Walk-Through Waiver"). Items of uncompleted construction, which do not materially affect occupancy, shall notprovide not provide a basis for Purchaser to cancel this Agreement, withhold funds at the Closing, or delay the Closing. Seller will endeavor to complete the items on the Walk-Through List at Seller’s expense within the later to occur of sixty (60) working days after preparation of the Walk-Through List orsixty or sixty (60) working days after the date of Closing, subject to extension for such period as Seller is delayed for reasons outside of its control. Purchaser understands that paving, exterior cement work, landscaping and landscaping, final exterior finish and some components of the Project may not be completed when a temporary or conditional certificate of occupancy is issued and that Seller will complete such paving, exterior cement workor work, landscaping and final exterior finish work as soon as practicable thereafter. Purchaser’s refusal to close this transaction due to the need for reasonable further work (to be noted on the Walk-Through List with respect to the Unit) shall constitute a default by Purchaser under this Contract.

Pre-Closing Inspection. Prior to the Closing, Purchaser agrees to participate in one walk-through of the Property Unit (“Walk-Through”) with Seller’s 's representative in order to compile a list of items the parties mutually agree need correction, which are apparent at the time of inspection (“Walk-Through List”), which Walk-Through List shall be signed by both Purchaser and Seller. If Purchaser fails or refuses to complete the Walk-Through or to sign the Walk- Walk-Through List, or to have Purchaser’s 's designee do so on Purchaser’s 's behalf prior to Closing, Seller may either designate a qualified third party, who is not an agent or employee of Seller, to complete the inspection on Purchaser’s 's behalf before the Closing, or, at Purchaser’s 's election, Purchaser may waive, in writing, Purchaser’s 's right to participate in the inspection (“Walk- ThroughWaiverWalk-Through Waiver”). Items of uncompleted construction, which do not materially affect occupancy, shall notprovide not provide a basis for Purchaser to cancel this Agreement, withhold funds at the Closing, or delay the Closing. Seller will endeavor to complete the items on the Walk-Through List at Seller’s expense within the later to occur of sixty (60) working days after preparation of the Walk-Through List orsixty or sixty (60) working days after the date of Closing, subject to extension for such period as Seller is delayed for reasons outside of its control. Purchaser understands that paving, exterior cement work, landscaping and landscaping, final exterior finish and some components of the Project may not be completed when a temporary or conditional certificate of occupancy is issued and that Seller will complete such paving, exterior cement workor work, landscaping and final exterior finish work as soon as practicable thereafter. Purchaser’s refusal to close this transaction due to the need for reasonable further work (to be noted on the Walk-Through List with respect to the Unit) shall constitute a default by Purchaser under this Contract.

Pre-Closing Inspection. Prior to the Closing, Purchaser agrees to participate in one walk-through of the Property Unit (“Walk-Through”) with Seller’s representative in order to compile a list of items the parties mutually agree need correction, which are apparent at the time of inspection (“Walk-Through List”), which Walk-Through List shall be signed by both Purchaser (or Purchaser’s designee) and Seller. If Purchaser fails to schedule a Walk-Through within seven (7) days following a Seller’s request for same, or if Purchaser declines or refuses to complete the Walk-Through or to sign the Walk- Through List, or to have Purchaser’s designee do so on Purchaser’s behalf prior to Closingat the scheduled time, Seller may either designate a qualified third party, who is not an agent or employee of Seller, to complete the inspection on Purchaser’s behalf before the Closing, Closing or, at PurchaserSeller’s election, Seller may consider such failure by Purchaser may waive, in writing, to be a waiver of Purchaser’s right to participate in a Walk-Through. In no event will any difficulty in scheduling a Walk-Through with Purchaser be the inspection (“Walk- ThroughWaiver”). Items of uncompleted construction, which do not materially affect occupancy, shall notprovide a basis for Purchaser to cancel this Agreement, withhold funds at the Closing, or a delay in the Closing. Seller will endeavor to complete the items on the Walk-Through List at Seller’s expense within the later to occur of sixty ninety (6090) working days after the later of the date of preparation of the Walk-Through List orsixty (60) working days after or of the date of Closing, subject to extension for such period as Seller is delayed for reasons outside of its controlForce Majeure. Purchaser understands that the Walk-Through List will relate solely to items within the Unit and not to items within the common elements of the Project (such as work on other floors of the Building and finish work in common areas and amenities areas), exterior items (such paving, exterior cement work, landscaping landscaping, and final other exterior finish may not be completed when work), or to Phase Two work. Additionally, Purchaser understands that, as further described in other Sections herein, as of the date of Closing, only a temporary or conditional certificate of occupancy is issued may be issued, as additional construction will continue at the Project, including construction of units above or adjacent to Purchaser’s Unit and that Seller will complete additional phases of the Project. The incompletion of any such paving, exterior cement workor landscaping areas and final exterior finish work as soon as practicable thereafterthe ongoing construction related thereto or other construction at or around the Project shall not delay Closing.