Pre-Closing Occupancy Clause Samples

Pre-Closing Occupancy. The Buyer has requested to occupy a portion of the Property prior to Closing and the Seller has agreed to such occupancy prior to the Closing under the following terms and conditions: (a) Buyer will be permitted to occupy a portion of the Property described as the “SUS Building” with a portion of the adjacent parking lot, as depicted on Exhibit “B” attached hereto (the “Occupied Premises”) until December 21, 2021 (“Termination Date”) at which ▇▇▇▇ ▇▇▇▇▇▇ shall have delivered the Property to the Buyer in accordance with this Contract or the earlier date of termination of this Contract by either party. Buyer will at its sole cost and expense install a six (6) foot high chain link fence along the entire northeastern boundary line of the parking lot that Buyer will occupy. (b) Buyer shall indemnify and hold Seller harmless from any liability for claims or causes of action brought against the Seller due to any injuries or loss incurred by Buyer’s guests, workers or invitees or any other person(s) who are on the Occupied Premises on Buyer’s behalf. This indemnification shall include reasonable attorney fees and costs awarded to the prevailing party. (c) The Buyer’s Pre-Closing Occupancy shall not be deemed to create a tenancy, and Buyer’s rights to possession shall arise solely under this Contract. (d) During Buyer’s occupancy, Buyer shall be responsible for all utilities and shall obtain a personal injury and General Comprehensive liability insurance policy with minimum coverage limits of $1,000,000.00 as well as an insurance policy covering Buyer’s personal property. It is specifically understood that should the Occupied Premises or Buyer’s personal property be damaged by fire or other occurrence during the time that the Buyer is in possession, Buyer shall pay the Seller’s insurance deductible and risk of loss of personal property shall be borne by the Buyer. (e) Buyer shall be responsible for maintaining the Occupied Premises in the same condition as at time of occupancy including but not limited to lawn and shrubbery, if any. It is agreed that no changes, improvements, or conditions shall be made without the express written consent of the Seller. Buyer shall be responsible for any damage, other than ordinary wear and tear done on or to the Occupied Premises. Buyer shall not be responsible for damage caused by a force majeure. (f) If the transaction evidenced by this Contract does not close by the Closing Date, or any extension thereof, through no fault of Se...