Common use of Procedure; Indemnity Clause in Contracts

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct a feasibility, environmental, engineering and physical study of the Real Property at any time from and after the Delivery Date and for a period of sixty (60) days (30 days for books and records and 30 days for physical inspection) thereafter (the "Due Diligence Period"); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, the commencement of the Due Diligence Period shall automatically be extended for a period equal to the associated delay in delivery of such materials beyond the Delivery Date, but, in no event, beyond August 30, 2002. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the "Inspections"). Buyer agrees to promptly discharge any liens that may be imposed against the Real Property as a result of Buyer's Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys' fees), liabilities, judgments and damages incurred by Seller as a result of any Inspections performed by Buyer.

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct a feasibility, environmental, engineering and physical study studies of the Real Property at any time from and after the Delivery Effective Date and for a period of sixty thirty (6030) days (30 days for books and records and 30 days for physical inspection) thereafter (the THE "Due Diligence PeriodDUE DILIGENCE PERIOD"); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, the commencement of the Due Diligence Period shall automatically be extended for a period equal to the associated delay in delivery of such materials beyond the Delivery Date, but, in no event, beyond August 30, 2002. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct tenant interviews, engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the "Inspections"). Buyer agrees to promptly discharge any liens that may be imposed against the Real Property as a result of Buyer's Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys' fees), liabilities, judgments and damages incurred by Seller as a result of any Inspections performed by Buyer. The provisions of the foregoing indemnity shall survive termination of this Agreement or the Close of Escrow, as applicable. Notwithstanding the foregoing, Buyer may not conduct any invasive testing on or in the Property without the prior written consent of Seller, which consent shall not be unreasonably withheld or delayed. Copies of all inspection reports or test results conducted or prepared by any third party contractors or inspectors shall be furnished to Seller.

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct a feasibility, environmental, engineering engineering, title, survey and physical study studies of the Real Property at any time from and after the Delivery Effective Date and for a period of sixty ten (6010) days (30 days for books and records and 30 days for physical inspection) thereafter after receipt of all Due Diligence Items (the "“Due Diligence Period"”); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, Buyer may, by written notice delivered prior to the commencement conclusion of the Due Diligence Period, extend the Due Diligence Period shall automatically be extended for a period equal to the associated delay in delivery of such materials beyond the Delivery Date, but, in no event, beyond August 30, 2002. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct tenant interviews (provided Seller is present at such interviews), engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the "“Inspections"”). Buyer agrees to pay all parties promptly and if necessary, promptly discharge any liens that may be imposed against the Real Property as a result of Buyer's ’s Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys' ’ fees), liabilities, judgments and damages incurred by Seller as a result of any Inspections performed by Buyer, except such as may be caused by the negligence or intentional misconduct of Seller or its agents. This paragraph shall survive the Closing of Escrow or earlier termination of this Agreement.

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct a feasibility, environmental, engineering engineering, title, survey and physical study studies of the Real Property at any time from and after the Delivery Effective Date and for a period of sixty ninety (6090) days (30 days for books and records and 30 days for physical inspection) thereafter (the "“Due Diligence Period"”); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, Buyer may, by written notice delivered prior to the commencement conclusion of the Due Diligence Period, extend the Due Diligence Period shall automatically be extended for a period equal to the associated delay in delivery of such materials beyond the Delivery Date, but, in no event, beyond August 30, 2002. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the "“Inspections"”). Buyer agrees to promptly discharge any liens that may be imposed against the Real Property as a result of Buyer's ’s Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys' ’ fees), liabilities, judgments and damages incurred by Seller as a result of any Inspections performed by Buyer.

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct a feasibility, environmental, engineering and physical study studies of the Real Property at any time from and after the Delivery Effective Date and for a period of sixty thirty (6030) days (30 days for books and records and 30 days for physical inspection) thereafter (the "“Due Diligence Period"”); provided, however, if the Due Diligence Items are not delivered on or before the Delivery Date, Buyer shall give Seller written notice within ten (10) business days after the commencement of Delivery Date identifying the Due Diligence Items that have not been delivered to Buyer, in which event the Due Diligence Period shall automatically be extended for a period equal to the associated delay in delivery of such materials beyond the Delivery Date, but, in no event, beyond August 30, 2002. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period (but without disrupting Tenant’s operations) in order to conduct tenant interviews, engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the "“Inspections"”). Buyer agrees to promptly discharge any liens that may be imposed against the Real Property as a result of Buyer's ’s Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys' ’ fees), liabilities, judgments and damages (collectively, “Claims”) incurred by Seller as a result of any Inspections performed by Buyer, except for any Claims against Seller based upon any obligations and liabilities of Seller.

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct a feasibility, environmental, engineering and physical study of the Real Property at any time from and after the Delivery Effective Date and for a period of sixty thirty (6030) days (30 days for books and records and 30 days for physical inspection) thereafter (the "“Due Diligence Period"”); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, Buyer may, by written notice delivered prior to the commencement conclusion of the original Due Diligence Period, extend the Due Diligence Period shall automatically be extended for a period equal to the associated delay in delivery of such materials beyond the Delivery Date, but, in no event, beyond August 30, 2002. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the "“Inspections"”). Buyer agrees to promptly discharge any liens that may be imposed against the Real Property as a result of Buyer's ’s Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys' ’ fees), liabilities, judgments and damages incurred by Seller as a result of any Inspections performed by Buyer. Buyer shall have the right to conduct Tenant interviews during the Due Diligence Period.

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct a feasibility, environmental, engineering engineering, physical studies and physical study all other aspects of the Real Property at any time from and after Buyer’s receipt of substantially all of the Delivery Date Due Diligence Items and for a period of sixty fifteen (6015) days (30 days for books and records and 30 days for physical inspection) thereafter (the "“Due Diligence Period"”); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, Buyer may, by written notice delivered prior to the commencement conclusion of the original Due Diligence Period, extend the Due Diligence Period shall automatically be extended for a period equal to the associated delay in delivery of such materials beyond the Delivery Date, but, in no event, beyond August 30, 2002. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct tenant interviews, engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the "“Inspections"”). Buyer agrees to promptly discharge any liens that may be imposed against the Real Property as a result of Buyer's ’s Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys' ’ fees), liabilities, judgments and damages incurred by Seller as a result of any Inspections performed by Buyer.

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct a feasibility, environmental, engineering and physical study studies of the Real Property at any time from and after the Delivery Effective Date and for a period of sixty (60) days (30 days for books and records and 30 days for physical inspection) thereafter until October 24, 2007 (the "“Due Diligence Period"”); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, the commencement of the Due Diligence Period shall automatically be extended for a period equal to the associated delay in delivery of such materials beyond the Delivery Date, but, in no event, beyond August 30, 2002. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct tenant interviews, engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the "“Inspections"”). Buyer shall conduct such inspections in a manner not disruptive to tenants or to the operation of the Property. Buyer agrees to promptly discharge any liens that may be imposed against the Real Property as a result of Buyer's ’s Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys' ’ fees), liabilities, judgments and damages (collectively, “Claims”) incurred by Seller as a result of any Inspections performed by Buyer, except for any Claims against Seller based upon any obligations and liabilities of Seller to the extent not caused by Buyer.

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct a feasibility, environmental, engineering and physical study of the Real Property at any time from and after the Delivery Effective Date and for a period of sixty thirty (6030) days (30 days for books and records and 30 days for physical inspection) thereafter (the "Due Diligence Period"); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, Buyer may, by written notice delivered prior to the commencement conclusion of the original Due Diligence Period, extend the Due Diligence Period shall automatically be extended for a period equal to the associated delay in delivery of such materials beyond the Delivery Date, but, in no event, beyond August 30, 2002. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the "Inspections"). Buyer agrees to promptly discharge any liens hens that may be imposed against the Real Property as a result of Buyer's Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys' fees), liabilities, judgments and damages incurred by Seller as a result of any Inspections performed by Buyer.