Purchaser’s Access. Seller shall grant to Purchaser and its ------------------ engineers, architects and other agents or representatives of Purchaser, access to the Improvements for the purpose of making a physical inspection thereof, and each of its component parts; provided, however, that (i) inspections shall not disrupt the Tenants in any way; (ii) inspections shall not interfere with Seller's construction activities; (iii) all such persons shall comply with reasonable safety requirements of Seller; and (iv) and Seller shall have no liability or obligation to any of such persons for any injury or loss suffered while said persons are upon the Improvements. Purchaser shall not damage the Property in any manner without Seller's prior written consent, and if such consent is given, Purchaser shall restore the Land to its condition existing immediately before Purchaser's entry upon the Land, and Purchaser shall indemnify and defend Seller against and hold Seller harmless from all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees and disbursements (collectively, "Claims"), in any manner ------ arising from any such inspections; provided, however, Purchaser's foregoing obligations shall not include any obligation or duty with respect to Claims (including Claims that the Land has declined in value) arising out of, resulting from or incurred in connection with (i) the discovery or presence of any Hazardous Substances on the Land not brought on the Land by Purchaser (or any of its representatives or agents) or the Release (other than by Purchaser or its representatives or agents) of any Hazardous Substances on the Land, or (ii) the results, findings, tests or analyses of Purchaser's environmental investigation of the Land. The foregoing indemnity shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Fund Xii Lp)
Purchaser’s Access. At all reasonable times and upon the request ------------------ by Purchaser, Seller shall grant to Purchaser and its ------------------ engineers, architects and other agents or representatives of Purchaser, access to the Improvements for the purpose of making a physical inspection thereof, and each of its component parts; provided, however, that (i) inspections shall not disrupt the Tenants in any way; (ii) inspections shall not interfere with Seller's construction activities; (iii) all such persons shall comply with reasonable safety requirements of Seller; and (iv) , and Seller shall have no liability or obligation to any of such persons for any injury or loss suffered while said persons are upon the Improvements. Purchaser shall not damage the Property in any manner without Seller's prior written consent, and if such consent is given, Purchaser shall restore the Land to its condition existing immediately before Purchaser's entry upon the Land, and Purchaser shall indemnify and defend Seller against and hold Seller harmless from all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees and disbursements (collectively, "Claims"), in any manner ------ arising from any such inspectionsor caused by Purchaser in connection with entry on the Land by Purchaser pursuant hereto; provided, however, Purchaser's foregoing obligations shall not include any obligation or duty with respect to Claims (including Claims that the Land has declined in value) arising out of, resulting from or incurred in connection with (iI) the discovery or presence of any Hazardous Substances on the Land not brought on the Land by Purchaser (or any of its representatives or agents) or the Release (other than by Purchaser or its representatives or agentsPurchaser) of any Hazardous Substances on the Land, or (ii) the results, findings, tests or analyses of Purchaser's environmental investigation of the Land. The foregoing indemnity shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)
Purchaser’s Access. At all reasonable times and upon the request ------------------ by Purchaser, Seller shall grant to Purchaser and its ------------------ engineers, architects and other agents or representatives of Purchaser, access to the Improvements for the purpose of making a physical inspection thereof, and each of its component parts; provided, however, that (i) inspections shall not disrupt the Tenants in any way; (ii) inspections shall not interfere with Seller's construction activities; (iii) all such persons shall comply with reasonable safety requirements of Seller; Seller and (iv) shall not in any way interfere with the construction or operations of the Tenant, and Seller shall have no liability or obligation to any of such persons for any injury or loss suffered while said persons are upon the Improvements. Purchaser shall not damage the Property in any manner without Seller's prior written consent, and if such consent is given, Purchaser shall restore the Land to its condition existing immediately before Purchaser's entry upon the Land, and Purchaser shall indemnify and defend Seller against and hold Seller harmless from all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees and disbursements (collectively, "Claims"), in any manner ------ arising from any such inspectionsor caused by Purchaser in connection with entry on the Land by Purchaser pursuant hereto; provided, however, Purchaser's foregoing obligations shall not include any obligation or duty with respect to Claims (including Claims that the Land has declined in value) arising out of, resulting from or incurred in connection with (iI) the discovery or presence of any Hazardous Substances on the Land not brought on the Land by Purchaser (or any of its representatives or agents) or the Release (other than by Purchaser or its representatives or agentsPurchaser) of any Hazardous Substances on the Land, or (ii) the results, findings, tests or analyses of Purchaser's environmental investigation of the Land. The foregoing indemnity shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Fund Xii Lp)
Purchaser’s Access. At all reasonable times and upon the request ------------------ by Purchaser, Seller shall grant to Purchaser and its ------------------ engineers, architects and other agents or representatives of Purchaser, access to the Improvements for the purpose of making a physical inspection thereof, and each of its component parts; provided, however, that (i) inspections shall not disrupt the Tenants in any way; (ii) inspections shall not interfere with Seller's construction activities; (iii) all such persons shall comply with reasonable safety requirements of Seller; Seller and (iv) shall not in any way interfere with the construction or operations of Tenant, and Seller shall have no liability or obligation to any of such persons for any injury or loss suffered while said persons are upon the Improvements. Purchaser shall not damage the Property in any manner without Seller's prior written consent, and if such consent is given, Purchaser shall restore the Land to its condition existing immediately before Purchaser's entry upon the Land, and Purchaser shall indemnify and defend Seller against and hold Seller harmless from all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees and disbursements (collectively, "Claims"), in any manner ------ arising from any such inspectionsor caused by Purchaser in connection with entry on the Land by Purchaser pursuant hereto; provided, however, Purchaser's foregoing obligations shall not include any obligation or duty with respect to Claims (including Claims that the Land has declined in value) arising out of, resulting from or incurred in connection with (i) the discovery or presence of any Hazardous Substances on the Land not brought on the Land by Purchaser (or any of its representatives or agents) or the Release (other than by Purchaser or its representatives or agentsPurchaser) of any Hazardous Substances on the Land, or (ii) the results, findings, tests or analyses of Purchaser's environmental investigation of the Land. The foregoing indemnity shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)