Common use of Right of Entry; Inspection Clause in Contracts

Right of Entry; Inspection. (a) From and including the date hereof through and including the Closing Date, Seller, upon at least one (1) business day prior notice from Buyer and subject to the rights [****] Redacted in accordance with applicable practice with Autorite des marches financiers (Quebec Securities Commission) of Tenants (as hereinafter defined) under the Leases (as hereinafter defined), shall afford Buyer and its representatives a continuing right to inspect the Properties and the Property Documents and Seller hereby grants to Buyer and Buyer’s agents, employees and consultants a nonexclusive license to enter upon each Real Property for the purpose of allowing Buyer to conduct whatever soil and engineering tests, feasibility studies, surveys and other physical examinations of each Property Buyer deems appropriate. Buyer will not perform any invasive testing at any of the Properties without Seller’s prior written consent, which may be withheld in Seller’s sole discretion. Buyer shall at all times use reasonable efforts not to unduly interfere with the conduct of Seller’s business at the Properties and the rights of Tenants under the Leases and shall comply with the Seller’s reasonable requirements such as, without limitation, for security, safety, insurance and timing. [****] (b) In the event of any damage to the Properties caused by Buyer, its agents, employees or consultants, Buyer shall pay the cost incurred by Seller to restore each Property so affected to its respective condition existing prior to the performance of such tests, investigations or studies. Buyer shall protect, defend, indemnify and hold Seller harmless from any and all liability, claims, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by Seller for injury to persons or property as a result of, or in connection with, or caused by Buyer’s inspections, tests, studies, surveys and examinations of the Properties, including, without limitation, any injury to persons or property, and any liability to third parties. However, Buyer shall have no liability for any liability, claims, losses, costs and expenses to the extent attributable to the negligent acts or omissions of Seller or Seller’s agents, employees, invitees or licensees or resulting from latent defects the presence of which is not know by Buyer or its agents and not reasonably discoverable or foreseeable by them or Hazardous Materials within, on, under or adjacent to any of the Properties the presence of which is not know by Buyer or its agents and not reasonably discoverable or foreseeable by them.

Right of Entry; Inspection. (a) From and including the date hereof through and including the Closing Date, Seller, upon at least one (1) business day prior notice from Buyer and subject to the rights [****] Redacted in accordance with applicable practice with Autorite des marches financiers (Quebec Securities Commission) of Tenants (as hereinafter defined) under the Leases (as hereinafter defined), Seller shall afford Buyer and its representatives a continuing right to inspect the Properties Property and the Property Documents and Seller hereby grants to Buyer and Buyer’s 's agents, employees and consultants a nonexclusive license to enter upon each the Real Property for the purpose of allowing Buyer to conduct whatever soil and engineering tests, feasibility studies, surveys and other physical examinations of each the Property Buyer deems appropriate, provided Buyer gives Seller prior notice of such intended entry. Buyer will not perform any invasive testing at any of the Properties Property without Seller’s 's prior written consent, which may shall not be withheld in Seller’s sole discretionunreasonably withheld. Buyer shall at all times use reasonable efforts not to unduly unreasonably interfere with the conduct of Seller’s 's business at the Properties Property. Buyer agrees to provide copies to Seller of all reports, tests, and studies received by Seller regarding the rights of Tenants under the Leases and shall comply with the Seller’s reasonable requirements such as, without limitation, for security, safety, insurance and timing. [****]Real Property. (b) In the event of any damage to the Properties Property caused by Buyer, its agents, engineers, employees or consultantscontractors, Buyer shall pay the cost incurred by Seller to restore each the Property so affected to its respective the condition existing prior to the performance of such tests, investigations or studies. Buyer shall protect, defend, indemnify and hold Seller harmless from any and all liability, claims, losses, costs and expenses (including, without limitation, reasonable attorneys’ ' fees and costs) suffered or incurred by Seller for injury to persons or property as a result of, or in connection with, or caused by Buyer’s inspections, tests's investigations, studies, surveys tests and examinations inspections of the Properties, including, without limitation, any injury to persons or property, and any liability to third partiesProperty. However, Buyer shall have no liability for any liability, claims, losses, costs and expenses to the extent attributable to the negligent acts or omissions of Seller or Seller’s 's agents, employees, invitees or licensees or resulting from latent defects the presence of which is not know by Buyer or its agents and not reasonably discoverable or foreseeable by them or Hazardous Materials within, on, under or adjacent to any of the Properties the presence of which is not know by Buyer or its agents and not reasonably discoverable or foreseeable by themProperty.

Right of Entry; Inspection. (a) From and including the date hereof through and including the Closing Date, Seller, upon at least one (1) business day prior notice from Buyer and subject to the rights [****] Redacted in accordance with applicable practice with Autorite des marches financiers (Quebec Securities Commission) of Tenants (as hereinafter defined) under the Leases (as hereinafter defined), Seller shall afford Buyer and its representatives a continuing right to inspect the Properties Property and the Property Documents and Seller hereby grants to Buyer and Buyer’s agents, employees and consultants a nonexclusive license to enter upon each the Real Property for the purpose of allowing Buyer to conduct whatever soil and engineering tests, feasibility studies, surveys and other physical examinations of each the Property Buyer deems appropriate, provided Buyer gives Seller prior notice of such intended entry. Buyer will not perform any invasive testing at any of the Properties Property without Seller’s prior written consent, which may shall not be withheld in Seller’s sole discretionunreasonably withheld. Buyer shall at all times use reasonable efforts not to unduly unreasonably interfere with the conduct of Seller’s business at the Properties Property. Buyer agrees to provide copies to Seller of all reports, tests, and studies received by Seller regarding the rights of Tenants under the Leases and shall comply with the Seller’s reasonable requirements such as, without limitation, for security, safety, insurance and timing. [****]Real Property. (b) In the event of any damage to the Properties Property caused by Buyer, its agents, engineers, employees or consultantscontractors, Buyer shall pay the cost incurred by Seller to restore each the Property so affected to its respective the condition existing prior to the performance of such tests, investigations or studies. Buyer shall protect, defend, indemnify and hold Seller harmless from any and all liability, claims, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by Seller for injury to persons or property as a result of, or in connection with, or caused by Buyer’s inspections, testsinvestigations, studies, surveys tests and examinations inspections of the Properties, including, without limitation, any injury to persons or property, and any liability to third partiesProperty. However, Buyer shall have no liability for any liability, claims, losses, costs and expenses to the extent attributable to the negligent acts or omissions of Seller or Seller’s agents, employees, invitees or licensees or resulting from latent defects the presence of which is not know by Buyer or its agents and not reasonably discoverable or foreseeable by them or Hazardous Materials within, on, under or adjacent to any of the Properties the presence of which is not know by Buyer or its agents and not reasonably discoverable or foreseeable by themProperty.

Right of Entry; Inspection. (a) From and including the date hereof through and including the Closing Date, Seller, upon at least one (1) business day prior notice from Buyer and subject to the rights [****] Redacted in accordance with applicable practice with Autorite des marches financiers (Quebec Securities Commission) of Tenants (as hereinafter defined) under the Leases (as hereinafter defined), Seller shall afford Buyer and its representatives a continuing right to inspect inspect, at reasonable hours, the Properties and the Property Documents and Seller hereby grants to Buyer and Buyer’s 's agents, employees and consultants a nonexclusive license to enter upon each Real Property for the purpose of allowing Buyer to conduct whatever soil and engineering tests, feasibility studies, surveys and other physical examinations of each Real Property Buyer deems appropriate. Buyer will not perform any invasive testing at any of the Properties without Seller’s 's prior written consent, which may shall not be withheld in Seller’s unreasonably withheld. All tests, investigations and studies to be performed by Buyer shall be performed at its sole discretion. cost and expense, and Buyer shall at all times use reasonable efforts not to unduly interfere with the conduct of Seller’s 's business at the Properties and the rights of Tenants under the Leases and shall comply with the Seller’s reasonable requirements such as, without limitation, for security, safety, insurance and timingProperties. [****] (b) In the event of any damage to the Properties caused by Buyer, its agents, engineers, employees or consultantscontractors, Buyer shall pay the cost incurred by Seller to restore each Property so affected the Properties to its respective the condition existing prior to the performance of such tests, investigations or studies. Buyer shall protect, defend, indemnify and hold Seller harmless from any and all liability, claims, losses, costs and expenses (including, without limitation, reasonable attorneys’ ' fees and court costs) suffered or incurred by Seller for injury to persons or property as a result of, or in connection with, or caused by Buyer’s inspections, tests's investigations, studies, surveys tests and examinations inspections of the Properties, including, without limitation, any injury to persons or property, and any liability to third parties. However, Buyer shall have no liability for any liabilityloss, claims, losses, costs and expenses to the extent claim or liability attributable to the negligent acts or omissions of Seller or Seller’s 's agents, employees, invitees or licensees or resulting from latent defects the presence of which is not know by Buyer or its agents and not reasonably discoverable or foreseeable by them or Hazardous Materials within, on, under on or adjacent to any of the Real Properties (except in the presence of which is not know event that such latent defects are negligently exacerbated by Buyer or its agents and not reasonably discoverable employees or foreseeable by them.contractors). As used in this Agreement, the terms "De Minimis Amounts," "

Right of Entry; Inspection. (a) From and including the date hereof through and including the Closing Date, Seller, upon at least one (1) business day prior notice from Buyer and subject to the rights [****] Redacted in accordance with applicable practice with Autorite des marches financiers (Quebec Securities Commission) of Tenants (as hereinafter defined) under the Leases (as hereinafter defined), Seller shall afford Buyer and its representatives a continuing right to inspect inspect, at reasonable hours, the Properties Property and the Property Documents and Seller hereby grants to Buyer and Buyer’s 's agents, employees and consultants a nonexclusive license to enter upon each the Real Property for the purpose of allowing Buyer to conduct whatever soil and engineering tests, feasibility studies, surveys and other physical examinations of each the Real Property Buyer deems appropriate. Buyer will not perform any invasive testing at any of the Properties Property without Seller’s 's prior written consent, which may shall not be withheld in Seller’s unreasonably withheld. All tests, investigations and studies to be performed by Buyer shall be performed at its sole discretion. cost and expense, and Buyer shall at all times use reasonable efforts not to unduly interfere with the conduct of Seller’s 's business at the Properties and the rights of Tenants under the Leases and shall comply with the Seller’s reasonable requirements such as, without limitation, for security, safety, insurance and timingProperty. [****] (b) In the event of any damage to the Properties Property caused by Buyer, its agents, engineers, employees or consultantscontractors, Buyer shall pay the cost incurred by Seller to restore each the Property so affected to its respective the condition existing prior to the performance of such tests, investigations or studies. Buyer shall protect, defend, indemnify and hold Seller harmless from any and all liability, claims, losses, costs and expenses (including, without limitation, reasonable attorneys’ ' fees and court costs) suffered or incurred by Seller for injury to persons or property as a result of, or in connection with, or caused by Buyer’s inspections, tests's investigations, studies, surveys tests and examinations inspections of the Properties, including, without limitation, any injury to persons or property, and any liability to third partiesProperty. However, Buyer shall have no liability for any liabilityloss, claims, losses, costs and expenses to the extent claim or liability attributable to the negligent acts or omissions of Seller or Seller’s 's agents, employees, invitees or licensees or resulting from latent defects the presence of which is not know by Buyer or its agents and not reasonably discoverable or foreseeable by them or Hazardous Materials within, on, under on or adjacent to any of the Properties Real Property (except in the presence of which is not know event that such latent defects are negligently exacerbated by Buyer or its agents and not reasonably discoverable employees or foreseeable by them.contractors). As used in this Agreement, the terms "De Minimis Amounts," "