Common use of Site Visits, Observation and Testing Clause in Contracts

Site Visits, Observation and Testing. Mortgagee and its agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samples is required, and in such case, conducting such tests) on any part of the Property. Mortgagee has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents or representatives shall impose any liability on any of Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by Mortgagee, its agents or representatives be a representation that Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern or any other applicable governmental law. Neither Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any of Mortgagee, its agents or representatives. Neither Mortgagee, its agents or representatives owe any duty of care to protect Mortgagor or any other party against, or to inform Mortgagor or any other party of, any Materials of Environmental Concern or any other adverse condition affecting the Property. Mortgagee shall give Mortgagor reasonable notice before entering the Property. Mortgagee shall make reasonable efforts to avoid interfering with Mortgagor's use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. Mortgagee If Indemnified Parties have a reasonable basis to suspect that Hazardous Materials in violation of the provisions of this Agreement are present on the Property, the Indemnified Parties and its their agents and representatives shall have the right at any reasonable time upon prior notice and during normal business hours to enter and visit the Property for the purpose purposes of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samples is requiredsamples, and in such case, conducting such tests) tests on any part of the Property; provided, however, that there shall be no more than one such assessment per Property per 12-month period, unless Agent reasonably believes a Material Adverse Changes has occurred which warrants a new assessment. Mortgagee has Indemnified Parties’ access and other rights shall be subject to the rights of tenants under leases of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents or representatives any Indemnified Party shall impose any liability on any of Mortgagee, its agents or representativesIndemnified Party. In no event shall any site visit, observation or testing by Mortgagee, its agents or representatives any Indemnified Party be a representation that Materials of Environmental Concern Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern Hazardous Substances or any other applicable governmental law. Neither Mortgagor the Borrower nor any other party is entitled to rely on any site visit, observation or testing by any of Mortgagee, its agents or representativesIndemnified Party. Neither Mortgagee, its agents or representatives The Indemnified Parties owe any no duty of care to protect Mortgagor the Indemnitors or any other party against, or to inform Mortgagor the Indemnitors or any other party of, any Materials of Environmental Concern Hazardous Substances or any other adverse condition affecting the Property, provided the Indemnified Parties shall make such environmental assessments available to Borrower. Mortgagee The Indemnified Parties may in their discretion disclose to the Indemnitors or any other party any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Indemnified Parties. The Indemnitors understand and agree that the Indemnified Parties make no representation or warranty to the Indemnitors or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors also understand that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the Indemnitors, the Indemnitors may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by the Indemnitors without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give Mortgagor the Borrower reasonable notice before entering the Property. Mortgagee Such Indemnified Party shall make reasonable efforts to avoid interfering with Mortgagor's the Borrower’s use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property1.

Site Visits, Observation and Testing. Mortgagee and its agents and representatives shall have the right at any reasonable time (subject to rights of tenants to quiet enjoyment under applicable leases) to enter and visit the Property for the purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samples is requiredsamples, and in such case, conducting such tests) tests on any part of the Property. Mortgagee has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents or representatives shall impose any liability on any of Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by Mortgagee, its agents or representatives be a representation that Materials of Environmental Concern Hazardous Material are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern Hazardous Material or any other applicable governmental law. Neither Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any of Mortgagee, its agents or representatives. Neither Mortgagee, its agents or representatives owe any duty of care to protect Mortgagor or any other party against, or to inform Mortgagor or any other party of, any Materials of Environmental Concern Hazardous Material or any other adverse condition affecting the Property. Mortgagee shall give Mortgagor reasonable advance notice before entering the Property. Mortgagee shall make reasonable efforts to avoid interfering with Mortgagor's ’s use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property5.12.

Site Visits, Observation and Testing. Mortgagee and its agents and representatives shall have the right at any reasonable time upon not less than 24 hours prior notice to enter and visit the Property in accordance with the terms of Section 6.9 of the Credit Agreement for the purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing of soil or groundwater samples is required, and in such case, conducting such tests) on any part of the Property. Mortgagee has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents or representatives shall impose any liability on any of Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by Mortgagee, its agents or representatives be a representation that Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern or any other applicable governmental law. Neither Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any of Mortgagee, its agents or representatives. Neither Mortgagee, its agents or representatives owe any duty of care to protect Mortgagor or any other party against, or to inform Mortgagor or any other party of, any Materials of Environmental Concern or any other adverse condition affecting the Property. Mortgagee shall give Mortgagor reasonable notice before entering the Property. Mortgagee shall make reasonable efforts to avoid interfering with Mortgagor's ’s use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. Mortgagee and its agents and representatives Beneficiary shall have the right at any reasonable time to enter and visit the Property for the purpose purposes of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samples is requiredsamples, and in such case, conducting such tests) tests on any part of the Property. Mortgagee has Beneficiary shall have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents or representatives Beneficiary shall impose any liability on any of Mortgagee, its agents or representativesBeneficiary. In no event shall any site visit, observation or testing by Mortgagee, its agents or representatives Beneficiary be a representation that Materials of Environmental Concern Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern Hazardous Substances or any other applicable governmental law. Neither Mortgagor Trustor nor any other party is entitled to rely on any site visit, observation or testing by any of Mortgagee, its agents or representativesBeneficiary. Neither Mortgagee, its agents or representatives owe any Beneficiary owes no duty of care to protect Mortgagor Trustor or any other party against, or to inform Mortgagor Trustor or any other party of, any Materials of Environmental Concern Hazardous Substances or any other adverse condition affecting the Property. Mortgagee Beneficiary shall give Mortgagor Trustor reasonable notice before entering the Property. Mortgagee Beneficiary shall make reasonable efforts to avoid interfering with MortgagorTrustor's use of the Property in exercising any rights provided in this Section 5.13Paragraph. Notwithstanding the foregoingFor purposes of this Paragraph, all rights granted to Mortgagee "Hazardous Substance" means any substance, material or waste which is or becomes designated, classified or regulated as being "toxic" or "hazardous" or which is or become similarly designated, classified or regulated under this Section 5.13 are subject to all rights of tenants to the Propertyany federal, state or local law, regulation or ordinance.

Site Visits, Observation and Testing. Mortgagee The Administrative Agent and its any of the other Indemnified Parties and their respective agents and representatives shall have the right at any reasonable time time, and upon reasonable prior notice, but subject to the rights of tenants under their leases, to enter and visit the Property to make such inspections and inquiries as they shall deem appropriate, including inspections for violations of any of the purpose terms of performing appraisalsthis Indemnity and for determining the existence, observing the Propertynature and magnitude of any past or present Release or threatened Release, and conducting non-invasive tests they shall also have the right, following any Event of Default (unless Mortgagee as defined in the Credit Agreement), or where the Administrative Agent has a good faith reason reasonable basis upon which to believe that the Property may be harmed, unsafe or contaminated, and upon reasonable prior notice, to enter and visit the Property to make such tests (including, without limitation, taking and removing soil or groundwater samples is required, and in such case, conducting such testssamples) on as they shall deem appropriate. Neither the Administrative Agent nor any part of the Property. Mortgagee has no other Indemnified Parties have any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents the Administrative Agent or representatives any other Indemnified Party shall impose any liability on any of Mortgagee, its agents the Administrative Agent or representativessuch other Indemnified Party. In no event shall any site visit, observation or testing by Mortgagee, its agents the Administrative Agent or representatives any other Indemnified Party be a representation that Materials of Environmental Concern Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern Hazardous Substances Laws or any other applicable governmental law. Neither Mortgagor the Company nor any other party is entitled to rely on any site visit, observation or testing by the Administrative Agent or any other Indemnified Party. Neither the Administrative Agent nor any of Mortgagee, its agents or representatives. Neither Mortgagee, its agents or representatives the other Indemnified Parties owe any duty of care to protect Mortgagor the Company or any other party against, or to inform Mortgagor the Company or any other party of, any Materials of Environmental Concern Hazardous Substances or any other adverse condition affecting the Property. Mortgagee The Administrative Agent and any other Indemnified Party shall give Mortgagor the Company reasonable notice before entering the Property. Mortgagee , and shall make reasonable efforts to avoid interfering with Mortgagorthe Company's use of the Property in exercising any rights provided in this Section 5.13paragraph 5. Notwithstanding the foregoing, all The Administrative Agent's rights granted to Mortgagee under this Section 5.13 Indemnity are subject to all for the purpose of protecting and preserving the value of its collateral, and neither the Administrative Agent or any Indemnified Party shall be considered an operator of the Property by virtue of exercising its rights of tenants to the Propertyhereunder.

Site Visits, Observation and Testing. Mortgagee and its agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samples is required, and in such case, conducting such tests) on any part of the Property. Mortgagee has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents or representatives shall impose any liability on any of Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by Mortgagee, its agents or representatives be a representation that Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern or any other applicable governmental law. Neither Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any of Mortgagee, its agents or representatives. Neither Mortgagee, its agents or representatives owe any duty of care to protect Mortgagor or any other party against, or to inform Mortgagor or any other party of, any Materials of Environmental Concern or any other adverse condition affecting the Property. Mortgagee shall give Mortgagor reasonable notice before entering the Property. Mortgagee shall make reasonable efforts to avoid interfering with MortgagorXxxxxxxxx's use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. Mortgagee The Administrative Agent and its any of the other Indemnified Parties and their respective agents and representatives shall have the right at any reasonable time time, and upon reasonable prior notice, but subject to the rights of tenants under their leases, to enter and visit the Property to make such inspections and inquiries as they shall deem appropriate, including inspections for violations of any of the purpose terms of performing appraisalsthis Indemnity and for determining the existence, observing the Propertynature and magnitude of any past or present Release or threatened Release, and conducting non-invasive tests (unless Mortgagee they shall also have the right, following any Event of Default, or where the Administrative Agent has a good faith reason reasonable basis upon which to believe that the Property may be harmed, unsafe or contaminated, and upon reasonable prior notice, to enter and visit the Property to make such tests (including, without limitation, taking and removing soil or groundwater samples is required, and in such case, conducting such testssamples) on as they shall deem appropriate. Neither the Administrative Agent nor any part of the Property. Mortgagee has no other Indemnified Parties have any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents the Administrative Agent or representatives any other Indemnified Party shall impose any liability on any of Mortgagee, its agents the Administrative Agent or representativessuch other Indemnified Party. In no event shall any site visit, observation or testing by Mortgagee, its agents the Administrative Agent or representatives any other Indemnified Party be a representation that Materials of Environmental Concern Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern Hazardous Substances Laws or any other applicable governmental law. Neither Mortgagor the Company nor any other party is entitled to rely on any site visit, observation or testing by the Administrative Agent or any other Indemnified Party. Neither the Administrative Agent nor any of Mortgagee, its agents or representatives. Neither Mortgagee, its agents or representatives the other Indemnified Parties owe any duty of care to protect Mortgagor the Company or any other party against, or to inform Mortgagor the Company or any other party of, any Materials of Environmental Concern Hazardous Substances or any other adverse condition affecting the Property. Mortgagee The Administrative Agent and any other Indemnified Party shall give Mortgagor the Company reasonable notice before entering the Property. Mortgagee , and shall make reasonable efforts to avoid interfering with Mortgagorthe Company's use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Propertyparagraph 5.

Site Visits, Observation and Testing. Mortgagee and its agents and representatives shall have the right at any reasonable time to enter and visit the Property in accordance with the terms of Section 6.9 of the Credit Agreement for the purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samples is required, and in such case, conducting such tests) on any part of the Property. Mortgagee has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents or representatives shall impose any liability on any of Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by Mortgagee, its agents or representatives be a representation that Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern or any other I-13 applicable governmental law. Neither Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any of Mortgagee, its agents or representatives. Neither Mortgagee, its agents or representatives owe any duty of care to protect Mortgagor or any other party against, or to inform Mortgagor or any other party of, any Materials of Environmental Concern or any other adverse condition affecting the Property. Mortgagee shall give Mortgagor reasonable notice before entering the Property. Mortgagee shall make reasonable efforts to avoid interfering with Mortgagor's ’s use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. Mortgagee The Administrative Agent and its any of the other Indemnified Parties and their respective agents and representatives shall have the right at any reasonable time time, and upon reasonable prior notice, but subject to the rights of tenants under their leases, to enter and visit the Property to make such inspections and inquiries as they shall deem appropriate, including inspections for violations of any of the purpose terms of performing appraisalsthis Indemnity and for determining the existence, observing the Propertynature and magnitude of any past or present Release or threatened Release, and conducting non-invasive tests they shall also have the right, following any Event of Default (unless Mortgagee as defined in the Credit Agreement), or where the Administrative Agent has a good faith reason reasonable basis upon which to believe that the Property may be harmed, unsafe or contaminated, and upon reasonable prior notice, to enter and visit the Property to make such tests (including, without limitation, taking and removing soil or groundwater samples is required, and in such case, conducting such testssamples) on as they shall deem appropriate. Neither the Administrative Agent nor any part of the Property. Mortgagee has no other Indemnified Parties have any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents the Administrative Agent or representatives any other Indemnified Party shall impose any liability on any of Mortgagee, its agents the Administrative Agent or representativessuch other Indemnified Party. In no event shall any site visit, observation or testing by Mortgagee, its agents the Administrative Agent or representatives any other Indemnified Party be a representation that Materials of Environmental Concern Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern Hazardous Substances Laws or any other applicable governmental law. Neither Mortgagor the Company nor any other party is entitled to rely on any site visit, observation or testing by the Administrative Agent or any other Indemnified Party. Neither the Administrative Agent nor any of Mortgagee, its agents or representatives. Neither Mortgagee, its agents or representatives the other Indemnified Parties owe any duty of care to protect Mortgagor the Company or any other party against, or to inform Mortgagor the Company or any other party of, any Materials of Environmental Concern Hazardous Substances or any other adverse condition affecting the Property. Mortgagee The Administrative Agent and any other Indemnified Party shall give Mortgagor the Company reasonable notice before entering the Property. Mortgagee , and shall make reasonable efforts to avoid interfering with Mortgagor's the Company’s use of the Property in exercising any rights provided in this Section 5.13paragraph 5. Notwithstanding the foregoing, all The Administrative Agent’s rights granted to Mortgagee under this Section 5.13 Indemnity are subject to all for the purpose of protecting and preserving the value of its collateral, and neither the Administrative Agent or any Indemnified Party shall be considered an operator of the Property by virtue of exercising its rights of tenants to the Propertyhereunder.

Site Visits, Observation and Testing. Mortgagee and its agents and representatives The Beneficiary shall have the right at any reasonable time to enter and visit the Property for the purpose purposes of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samples is requiredsamples, and in such case, conducting such tests) tests on any part of the Property. Mortgagee has no Neither the Beneficiary nor the Trustee shall have any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation observation, or testing by Mortgagee, its agents or representatives the Beneficiary shall impose any liability on any the Beneficiary or the Trustee except in the event of Mortgageegross negligence, its agents wilful misconduct, or representativesbad faith of either of such Persons. In no event shall any site visit, observation observation, or testing by Mortgagee, its agents or representatives the Beneficiary be a representation that Hazardous Materials of Environmental Concern are or are not present in, on on, or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance Requirement of Law pertaining to Hazardous Materials of Environmental Concern or any other applicable governmental lawotherwise. Neither Mortgagor Trustor nor any other party is entitled to rely on any site visit, observation observation, or testing by any of Mortgagee, its agents or representativesthe Beneficiary. Neither Mortgagee, its agents or representatives The Beneficiary does not owe any duty of care to protect Mortgagor Trustor or any other party against, or to inform Mortgagor Trustor or any other party of, any Materials Hazardous Materials, violations or noncompliance with any Environmental Laws or other Requirements of Environmental Concern Law or any other adverse condition affecting the Property. Mortgagee Except during the existence of an Event of Default, the Beneficiary shall give Mortgagor Trustor reasonable notice before entering the Property. Mortgagee Except during the existence of an Event of Default, the Beneficiary shall make reasonable efforts to avoid interfering with MortgagorTrustor's use of the Property in exercising any rights provided in this Section 5.13Section. Notwithstanding The Beneficiary shall not be deemed to be a "mortgagee in possession" as a result of any entry onto the foregoing, all rights granted Property or any other action taken by the Beneficiary pursuant to Mortgagee under this Section 5.13 are subject 4.12. Although the Beneficiary has no duty to all rights do so, Beneficiary may send to Trustor copies of tenants its reports of site visits, observations, and testing. Trustor agrees that no such furnishing of copies shall impose any liability on the Beneficiary or a course of conduct that Beneficiary is obligated to the Propertysend any such reports.

Site Visits, Observation and Testing. Subject to the rights of tenants and residents at the Property, Mortgagee and its agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samples is requiredsamples, and in such case, conducting such tests) tests on any part of the Property. Mortgagee has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents or representatives shall impose any liability on any of Mortgagee, its agents or representativesrepresentatives other than as a result of their gross negligence or willful misconduct. In no event shall any site visit, observation or testing by Mortgagee, its agents or representatives be a representation that Materials of Environmental Concern Hazardous Material are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern Hazardous Material or any other applicable governmental law. Neither Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any of Mortgagee, its agents or representatives. Neither Mortgagee, Mortgagee nor its agents or representatives owe any duty of care to protect Mortgagor or any other party against, or to inform Mortgagor or any other party of, any Materials of Environmental Concern Hazardous Material or any other adverse condition affecting the Property. Mortgagee shall give Mortgagor reasonable notice (not less than 48 hours) before entering the Property. Mortgagee shall make reasonable efforts to avoid interfering with Mortgagor's ’s use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property5.12.

Site Visits, Observation and Testing. Mortgagee and its agents and representatives shall have the right at any reasonable time upon reasonable written advance notice to enter and visit the Property for the purpose of performing appraisals. In addition, Mortgagee and its agents and representatives shall have the right at any reasonable time upon reasonable written advance notice to enter and visit the Property for the purposes of observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samples is requiredsamples, and in such case, conducting such tests) tests on any part of the Property. The Mortgagee has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, visit or observation by Mortgagee or testing by Mortgagee, its agents or representatives shall impose any liability on Mortgagee or any other person entitled to indemnification pursuant to Section 10.5 of Mortgageethe Credit Agreement (collectively, its agents or representativesthe “Indemnified Parties”). In no event shall any site visit, observation or testing by Mortgagee, its agents or representatives any Indemnified Party be a representation that Materials of Environmental Concern are or are not present in, on on, or under the Property, or that there has been or shall be compliance with any lawEnvironmental Law, regulation or ordinance pertaining to Materials of Environmental Concern or any other applicable governmental lawLaw. Neither Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any of Mortgagee, its agents or representativesIndemnified Party. Neither Mortgagee, its agents or representatives The Indemnified Parties owe any no duty of care to protect Mortgagor or any other party against, or to inform Mortgagor or any other party of, any Materials of Environmental Concern or any other adverse condition affecting the Property. Mortgagee shall give Mortgagor reasonable notice before entering the Property. Mortgagee shall make reasonable efforts to avoid interfering with Mortgagor's ’s use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the PropertySection.

Site Visits, Observation and Testing. Subject to the rights of any tenant of the Property, Mortgagee and its agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samples is requiredsamples, and in such case, conducting such tests) tests on any part of the Property. Mortgagee has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents or representatives shall impose any liability on any of Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by Mortgagee, its agents or representatives be a representation that Hazardous Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Materials of Environmental Concern or any other applicable governmental law. Neither Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any of Mortgagee, its agents or representatives. Neither Mortgagee, its agents or nor representatives owe any duty of care to protect Mortgagor or any other party against, or to inform Mortgagor or any other party of, any Hazardous Materials of Environmental Concern or any other adverse condition affecting the Property. Except in the event of any emergency, Mortgagee shall give Mortgagor reasonable notice before entering the Property. Mortgagee shall make reasonable efforts to avoid interfering with Mortgagor's ’s use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property5.12.

Site Visits, Observation and Testing. Mortgagee and its agents and representatives shall have the right right, subject to the rights of tenants under leases, at any reasonable time to enter and visit the Property for the purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samples is requiredsamples, and in such case, conducting such tests) tests on any part of the Property. Mortgagee has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents or representatives shall impose any liability on any of Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by Mortgagee, its agents or representatives be a representation that Materials of Environmental Concern Hazardous Material are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern Hazardous Material or any other applicable governmental law. Neither Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any of Mortgagee, its agents or representatives. Neither Mortgagee, its agents or representatives owe any duty of care to protect Mortgagor or any other party against, or to inform Mortgagor or any other party of, any Materials of Environmental Concern Hazardous Material or any other adverse condition affecting the Property. Mortgagee shall give Mortgagor reasonable notice before entering the Property. Mortgagee shall make reasonable efforts to avoid interfering with Mortgagor's ’s use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property5.12.

Site Visits, Observation and Testing. Mortgagee The Administrative Agent and its any of the other Indemnified Parties and their respective agents and representatives shall have the right at any reasonable time time, and upon reasonable prior notice, but subject to the rights of tenants under their leases, to enter and visit the Property to make such inspections and inquiries as they shall deem appropriate, including inspections for violations of any of the purpose terms of performing appraisalsthis Indemnity and for determining the existence, observing the Propertynature and magnitude of any past or present Release or threatened Release, and conducting non-invasive tests they shall also have the right, following any Event of Default (unless Mortgagee as defined in the Construction Loan Agreement), or where the Administrative Agent has a good faith reason reasonable basis upon which to believe that the Property may be harmed, unsafe or contaminated, and upon reasonable prior notice, to enter and visit the Property to make such tests (including, without limitation, taking and removing soil or groundwater samples is required, and in such case, conducting such testssamples) on as they shall deem appropriate. Neither the Administrative Agent nor any part of the Property. Mortgagee has no other Indemnified Parties have any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents the Administrative Agent or representatives any other Indemnified Party shall impose any liability on any of Mortgagee, its agents the Administrative Agent or representativessuch other Indemnified Party. In no event shall any site visit, observation or testing by Mortgagee, its agents the Administrative Agent or representatives any other Indemnified Party be a representation that Materials of Environmental Concern Hazardous Substances are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern Hazardous Substances Laws or any other applicable governmental law. Neither Mortgagor the Indemnitors nor any other party is entitled to rely on any site visit, observation or testing by the Administrative Agent or any other Indemnified Party. Neither the Administrative Agent nor any of Mortgagee, its agents or representatives. Neither Mortgagee, its agents or representatives the other Indemnified Parties owe any duty of care to protect Mortgagor the Indemnitors or any other party against, or to inform Mortgagor the Indemnitors or any other party of, any Materials of Environmental Concern Hazardous Substances or any other adverse condition affecting the Property. Mortgagee The Administrative Agent and any other Indemnified Party shall give Mortgagor the Indemnitors reasonable notice before entering the Property. Mortgagee , and shall make reasonable efforts to avoid interfering with Mortgagor's the Indemnitors’ use of the Property in exercising any rights provided in this Section 5.13paragraph 5. Notwithstanding the foregoing, all The Administrative Agent’s rights granted to Mortgagee under this Section 5.13 Indemnity are subject to all for the purpose of protecting and preserving the value of its collateral, and neither the Administrative Agent or any Indemnified Party shall be considered an operator of the Property by virtue of exercising its rights of tenants to the Propertyhereunder.

Site Visits, Observation and Testing. Mortgagee and its agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee has a good faith reason to believe that the taking and removing soil or groundwater samples is required, and in such case, conducting such tests) on any part of the Property. Mortgagee has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by Mortgagee, its agents or representatives shall impose any liability on any of Mortgagee, its agents or representatives. In no event shall any site visit, observation or testing by Mortgagee, its agents or representatives be a representation that Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Materials of Environmental Concern or any other applicable governmental law. Neither Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any of Clarksville Place, Indiana Mortgagee, its agents or representatives. Neither Mortgagee, its agents or representatives owe any duty of care to protect Mortgagor or any other party against, or to inform Mortgagor or any other party of, any Materials of Environmental Concern or any other adverse condition affecting the Property. Mortgagee shall give Mortgagor reasonable notice before entering the Property. Mortgagee shall make reasonable efforts to avoid interfering with Mortgagor's use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee under this Section 5.13 are subject to all rights of tenants to the Property.

Site Visits, Observation and Testing. Mortgagee Beneficiary and its agents and representatives shall have the right at any reasonable time upon 48 hours prior notice to Grantor to enter and visit the Property for the purpose of performing appraisals, observing the Property, and conducting non-invasive tests (unless Mortgagee Beneficiary has a good faith reason to believe that the taking and removing soil or groundwater samples is required, and in such case, conducting such tests) on any part of the PropertyProperty at Beneficiary's sole cost and expense except as otherwise expressly provided in the Loan Agreement. Mortgagee Beneficiary has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by MortgageeBeneficiary, its agents or representatives shall impose any liability on any of MortgageeBeneficiary, its agents or representatives. In no event shall any site visit, observation or testing by MortgageeBeneficiary, its agents or representatives be a representation that Hazardous Materials of Environmental Concern are or are not present in, on or under the Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Materials of Environmental Concern Law or any other applicable governmental law. Neither Mortgagor Grantor nor any other party is entitled to rely on any site visit, observation or testing by any of MortgageeBeneficiary, its agents or representatives. Neither MortgageeBeneficiary, its agents or representatives owe any duty of care to protect Mortgagor Grantor or any other party against, or to inform Mortgagor Grantor or any other party of, any Hazardous Materials of Environmental Concern or any other adverse condition affecting the Property. Mortgagee Beneficiary shall give Mortgagor Grantor reasonable notice before entering the Property. Mortgagee Beneficiary shall make reasonable efforts to avoid interfering with MortgagorGrantor's use of the Property in exercising any rights provided in this Section 5.13. Notwithstanding the foregoing, all rights granted to Mortgagee Beneficiary under this Section 5.13 are subject to all rights of tenants to the Property.