Purchaser’s Right of Inspection. Seller shall vacate the Property on or before the Termination Date. Seller shall not be deemed to have vacated the Property until Seller: (1) delivers Possession of the Property to Purchaser in substantially the same condition as it existed as of Closing, reasonable wear and tear excepted; (2) delivers all keys to Purchaser; and (3) removes all of Seller’s personal property from the Property. Purchaser shall have the right to enter the Property at reasonable times and upon reasonable notice to inspect the Property and to perform necessary repairs and maintenance neglected and/or omitted by Seller. Once Seller vacates the Property or upon Termination Date, Purchaser shall have the right to inspect the Property to ensure compliance with this Addendum. If Seller fully complies with the terms hereof, the Escrow Deposit shall be promptly returned to Seller.
Purchaser’s Right of Inspection and Seller's Cooperation. From and after the date of this Agreement, Purchaser and its agents, engineers, or representatives, with Seller's reasonable, good faith cooperation, shall have the privilege of going upon the Property as needed to inspect, examine, test, and survey the Property at all reasonable times and from time to time. Such privilege shall include the right to make said tests, borings, and other tests to obtain information necessary to determine surface and subsurface conditions. Such privilege shall also include the right to make any other tests deemed reasonably necessary by Purchaser. Purchaser hereby indemnifies and holds Seller harmless from any liens, claims, liabilities, and damages incurred through the exercise of such privilege. The obligations of Purchaser under the preceding sentence shall survive any termination of this Agreement. Seller shall make available to Purchaser all work product in the possession of Seller relating to the Property, including surveys, site plans, environmental audits, soils tests, market studies, Seller's owner's title policy and all other information provided to Seller or obtained by Seller with respect to the Property.
Purchaser’s Right of Inspection. From the Effective Date through the expiration of the Inspection Period (provided Purchaser does not terminate negotiations pursuant to Section 2.07 hereof), Purchaser shall have reasonable access to the Property, either personally or by authorized agent, to inspect the Property, including, but not limited to, the physical condition thereof, and to conduct environmental and other inspections and to inspect the books, records and reports relating to the Property. In the event Purchaser does not terminate negotiations pursuant to Section 2.07 hereof, Seller shall provide Purchaser, Purchaser’s agents and employees, upon request during the Inspection Period, with access to the books and records of Seller and the Property, provided that such access shall be coordinated solely through Dxxxx Xxxxxxx, in order to maintain the confidentiality of the transaction, and provided further, that Purchaser shall indemnify Seller from and against any damage suffered by Seller or the Property as a result of Purchaser’s access, which indemnity shall specifically survive the termination of this Agreement.
Purchaser’s Right of Inspection. (a) Seller does hereby grant to Purchaser, its agents, engineers, surveyors and other representatives the right, during the term of this Agreement, to enter upon the Property to inspect, examine and survey the Property and otherwise do that which, in the opinion of Purchaser, is necessary to determine the boundaries and acreage of the Property, the suitability of the Property for the uses intended by Purchaser, topographical conditions, the presence or absence of hazardous or toxic materials or oil, and the presence or absence of subsurface water and rock, and to make tests to determine the physical condition of the Property. Purchaser may perform any soil or other borings, any invasive or similar procedures or any other environmental tests on the Property if such tests are recommended or required by Purchaser’s phase 1 environmental report or property condition report. Purchaser shall submit to Seller a written proposal from an environmental or geotechnical engineer (the “Engineer’s Plan”) specifying in reasonable detail the scope and general location of such borings or procedures and such borings and procedures are to be conducted by a general contractor or an engineering firm licensed in the State of California to perform such procedures. The Engineer’s Plan shall be subject to the approval of Seller, which approval shall not be unreasonably withheld. Purchaser agrees to indemnify and hold Seller harmless from and against any damages arising directly from Purchaser’s inspection and testing of the Property, provided however, the forgoing indemnity shall not apply with respect to any claims, damages, liabilities or expenses arising out of the mere discovery by Purchaser, or the failure to report any pre-existing conditions, or any acts or omissions of Seller, its agents, employers, contractors, officers or invitees. This obligation to indemnify and hold Seller harmless shall survive the Closing and any termination of this Agreement and shall, to the extent Purchaser fails to purchase the Property by the Closing Date or terminates this Agreement as provided herein, include Purchaser’s obligation to promptly restore any portions of the Property damaged or disturbed in connection with Purchaser’s tests and surveys to its condition on the date hereof to the extent practicable after all such tests or surveys. Within three (3) days following the Effective Date, Seller shall deliver to Purchaser all documents, agreements, notices and reports related to the Prope...
Purchaser’s Right of Inspection. Throughout each of the above contingency periods, and subject to the provisions of Section 3.4.1 below, Purchaser shall have reasonable access to the Property, through its employees, representatives and agents, to inspect the Property, including, but not limited to, the physical and environmental condition thereof. Such inspections shall not unreasonably interfere with Seller's use of the Property and shall be at Purchaser's sole risk and expense. Purchase shall at its sole cost return the Property to the same condition as existed prior to any such inspection. Purchaser shall not allow any liens or encumbrances of any kind to attach to the Property. Purchaser agrees to indemnify, defend and hold Seller harmless from any and all liens, personal injuries, property damages, cost and expenses, including attorney fees, arising from or relating to the activities of Purchaser, its employees, contractors and agents on the Property. The indemnity set forth herein shall survive any termination or expiration of this Agreement.
Purchaser’s Right of Inspection. (a) Purchaser acknowledges that, from and after April 22, 1997, Purchaser has had and shall have an opportunity to enter upon the Subject Property in order to conduct such tests, inspections, examinations, surveys, analyses, investigations and inquiries with respect to the Subject Property as Purchaser deemed necessary and such right shall continue until the earlier of the Closing hereunder or the termination of this Agreement. Purchaser has had free and complete access during reasonable business hours to all documentation, agreements and other information in the possession of Seller or any employee, agent or independent contractor of Seller pertaining to the ownership, use or operation of the Subject Property, and Purchaser has had the right to make copies of same at the expense of Purchaser. Purchaser shall pay all costs and expenses incurred in connection with the exercise of its rights set forth in this Section 2.1, shall restore the Subject Property as close as reasonably practical to the condition in which it existed immediately prior to any action by Purchaser permitted hereunder, and shall indemnify Seller against and defend and hold Seller harmless from any liens, claims, losses, damages, costs and liabilities (including, without limitation, attorneys' fees and court costs and expenses) arising in connection with Purchaser's exercise of the rights set forth in this Section 2.1.
(b) In addition to the foregoing rights, Purchaser shall have a limited right to terminate this Agreement by written notice to Seller (specifying in detail the reasons for such termination), delivered prior to the end of the fifth (5th) business day after the date of this Agreement in the event that Purchaser's discussions with existing tenants of the Real Property disclose any adverse fact about the Subject Property that was (i) not otherwise learned by Purchaser during the course of its due diligence pursuant to Subsection 2.l(a), and (ii) is a fact that reasonably would cause a prudent, sophisticated real estate investor to terminate an agreement to purchase an office building of the general size and nature of the Subject Property. In the event Purchaser terminates this Agreement pursuant to this Subsection 2.1(b), this Agreement shall be null and void and of no further force and effect except as described in 429961.8
Purchaser’s Right of Inspection. Feasibility Period
7.1 Purchaser's Right of Inspection. Purchaser and/or its designees shall have the right, upon reasonable notice to Seller, at its own risk, cost and expense, during normal business hours and at any date or dates prior to Closing, to enter, or cause its agents or representatives to enter upon the Property for the purpose of making surveys or other tests, test borings, inspections, investigations, architectural, economic, financial, environmental and other studies of the Property as Purchaser may deem desirable; provided, however, that such access shall be subject to the Leases. Specifically, Purchaser shall have the right to cause a Phase I and, if warranted or desirable, a Phase II Environmental Study of the Property to be performed during the Feasibility Period. Such entry shall not unreasonably interfere with the tenants or management of the Property. In the event of any damage to the Property as a result of Purchaser's due diligence review, Purchaser agrees to restore the Property to substantially the same condition as existed prior to such damage immediately upon expiration of the Feasibility Period. Purchaser shall indemnify and hold Seller harmless for all reasonable costs and expenses incurred by Seller in connection with any loss or damage (including any property damage or personal liability) to the Property (or to a tenant's property) resulting from Purchaser's entry onto the Property.
Purchaser’s Right of Inspection. From and for thirty (30) days after the date hereof (the thirtieth day being referred to as the “Examination Date”), Purchaser shall be entitled to enter upon the Subject Property in order to conduct such tests, inspections, examinations, surveys, analyses, investigations and inquiries with respect to the Subject Property as Purchaser deems necessary. Purchaser shall have free and complete access to all books, documentation, agreements and other information in the possession of Seller or any employee, agent or independent contractor of Seller, pertaining to the ownership, use or operation of the Subject Property; and Purchaser shall have the right to make copies of same at the expense of Purchaser. Purchaser shall pay all costs incurred in making such inspections, tests, analysis and investigations except as herein specified. In the event Purchaser, in Purchaser’s sole discretion, after making such inspections, etc., determines to not purchase the Subject Property, Purchaser may notify the Seller in writing of his cancellation of this Agreement and receive a refund of his Xxxxxxx Money.
Purchaser’s Right of Inspection. From the Effective Date through the expiration of the Inspection Period (provided Purchaser does not terminate negotiations pursuant to Section 2.07 hereof), Purchaser shall have reasonable access to the Property, either personally or by authorized agent, to inspect the Property, including, but not limited to, the physical Agreement of Purchase and Sale of Real Property – Abilene condition thereof, and to conduct environmental and other inspections and to inspect the books, records and reports relating to the Property. In the event Purchaser does not terminate negotiations pursuant to Section 2.07 hereof, Seller shall provide Purchaser, Purchaser’s agents and employees, upon request during the Inspection Period, with access to the books and records of Seller and the Property, provided that such access shall be coordinated solely through Donny Edwards, in order to maintain the confidentiality of the transaction, and provided further, that Pxxxxxxxx xxxxl indemnify Seller from and against any damage suffered by Seller or the Property as a result of Purchaser’s access, which indemnity shall specifically survive the termination of this Agreement.
Purchaser’s Right of Inspection. From and for thirty (30) days after the date hereof (the thirtieth day being referred to as the “Examination Date”), Purchaser shall be entitled to enter upon the Subject Property in order to conduct such tests, inspections, examinations, surveys, analyses, investigations and inquiries with respect to the Subject Property as Purchaser deems necessary. Purchaser shall have free and complete access to all books, documentation, agreements and other information in the possession of Seller or any employee, agent or independent contractor of Seller, Kdills/vcg/(*NAME CONFIDENTIAL*)/sales agreement.doc MAG - V. 8 FINAL Portions of this exhibits indicated by “(*[TEXT]*)” have been omitted pursuant to a request for confidential treatment and such omitted portions have been filed separately with the Securities and Exchange Commission. pertaining to the ownership, use or operation of the Subject Property; and Purchaser shall have the right to make copies of same at the expense of Purchaser. Purchaser shall pay all costs incurred in making such inspections, tests, analysis and investigations except as herein specified. In the event Purchaser, in Purchaser’s sole discretion, after making such inspections, etc., determines to not purchase the Subject Property, Purchaser may notify the Seller in writing of his cancellation of this Agreement and receive a refund of his Xxxxxxx Money.
