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

Site Visits, Observation and Testing. The Indemnified Parties and their agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part 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 any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that 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 Hazardous Substances or any other applicable governmental law. Neither the Borrower nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, any Hazardous Substances or any other adverse condition affecting the Property. 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 the Borrower reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s use of the Property in exercising any rights provided in this Section 1, except in the event of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspection.

Site Visits, Observation and Testing. The Indemnified Parties and their agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part 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 any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that 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 Hazardous Substances or any other applicable governmental law. Neither the Borrower Indemnitor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors Indemnitor or any other party against, or to inform the Indemnitors Indemnitor or any other party of, any Hazardous Substances or any other adverse condition affecting the Property. The Indemnified Parties may in their discretion disclose to the Indemnitors Indemnitor 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 Indemnitor understands and agree agrees that the Indemnified Parties make no representation or warranty to the Indemnitors Indemnitor or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Indemnitors Indemnitor also understand understands that, depending on the results of any site visit, observation or testing by any Indemnified Party which are disclosed to the IndemnitorsIndemnitor, the Indemnitors Indemnitor 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 Indemnitor without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give the Borrower Mortgagor reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s Mortgagor's use of the Property in exercising any rights provided in this Section 1, except in the event of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspection.

Site Visits, Observation and Testing. The Indemnified Parties and their agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part 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 any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that 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 Hazardous Substances or any other applicable governmental law. Neither the Borrower nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, any Hazardous Substances or any other adverse condition affecting the Property. 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 the Borrower reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s and any tenant’s use of the Property in exercising any rights provided in this Section 1, except in the event of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspection.

Site Visits, Observation and Testing. The Indemnified Parties Beneficiary and their its agents and representatives and the other Indemnified Parties (as such term is defined in the Loan Agreement), shall have the right at any reasonable time to enter and visit the Property for the purposes of observing the Property, performing appraisals, taking and removing soil or groundwater samples, and conducting tests on any part 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 observation, or testing by any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation observation, or testing by any Indemnified Party be a representation that Hazardous Substances 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 regulation, or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither the Borrower Trustor nor any other party is entitled to rely on any site visit, observation observation, or testing by any Indemnified Party. The Except as required by law, Indemnified Parties owe no duty of care to protect the Indemnitors Trustor or any other party against, or to inform the Indemnitors Trustor or any other party of, any Hazardous Substances or any other adverse condition affecting the Property. The Unless required by law, Indemnified Parties may in their discretion disclose to the Indemnitors Trustor or any other party any report or findings made as a result of, or in connection with, any site visit, observation observation, or testing by the Indemnified Parties. The Indemnitors understand Trustor understands and agree agrees that the Indemnified Parties make no representation or warranty to the Indemnitors Trustor or any other party regarding the truth, accuracy accuracy, or completeness of any such report or findings that may be disclosed. The Indemnitors Trustor also understand understands that, depending on the results of any site visit, observation observation, or testing by any Indemnified Party which are disclosed to the IndemnitorsTrustor, the Indemnitors Trustor 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 Partiesresults. Any Indemnified Party shall give the Borrower Trustor reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the BorrowerTrustor’s use of the Property in exercising any rights provided in this Section 1Section. In connection with any such site visit, except observation, or testing, Trustor shall have any rights with respect to the release and/or disclosure of Environmental Reports (as such term is defined in the event of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspectionLoan Agreement).

Site Visits, Observation and Testing. The Indemnified Parties and their agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part 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 any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that 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 Hazardous Substances or any other applicable governmental law. Neither the Borrower nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, any Hazardous Substances or any other adverse condition affecting the Property. 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 the Borrower reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s use of the Property in exercising any rights provided in this Section 1, except in the event of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspection.

Site Visits, Observation and Testing. The Indemnified Parties Subject to compliance with ------------------------------------ Gaming Laws, including restrictions on access to security and their surveillance systems and the casino cage, Beneficiary and its agents and representatives shall have the right at any reasonable time and upon reasonable prior notice to enter and visit the Property for the purposes purpose of inspecting construction, performing appraisals, observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property. The Indemnified Parties have Beneficiary has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Beneficiary, its agents or its representatives shall impose any liability on Beneficiary, its agents or its representatives, provided that Beneficiary shall indemnify Trustor against and -------- hold Trustor harmless from all losses and damages which Trustor may suffer or incur as a result of the gross negligence or willful misconduct of Beneficiary, its agents or its representatives in connection with any Indemnified Partysite visit, observation or testing conducted by Beneficiary, its agents or its representatives pursuant to this Section. In no event shall any site visit, observation or testing by any Indemnified Party Beneficiary, its agents or its representatives be a representation that "Hazardous Substances Materials" (as defined in the Loan Agreement) 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 pertaining to Hazardous Substances Materials or any other applicable governmental law. Neither the Borrower Trustor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified PartyBeneficiary, its agents or its representatives. The Indemnified Parties owe Beneficiary owes no duty of care to protect the Indemnitors Trustor or any other party against, or to inform the Indemnitors Trustor or any other party of, any Hazardous Substances Materials or any other adverse condition affecting the Property. The Indemnified Parties may in their discretion disclose to the Indemnitors Beneficiary, its agents 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 its representatives shall give the Borrower Trustor reasonable notice before entering the Property. Such Indemnified Party Beneficiary, its agents or its representatives shall make reasonable efforts to avoid interfering not interfere with the Borrower’s Trustor's use of the Property in exercising any rights provided in this Section 1, except in the event case of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspection.

Site Visits, Observation and Testing. The Lender and 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, 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 purposes terms of observing this Indemnity and for determining the Propertyexistence, nature and magnitude of any past or present Release or threatened Release, and they shall also have the right, following any Event of Default as defined in the Credit Agreement, or where the Lender has a 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, and conducting tests on ) as they shall deem appropriate. Neither the Lender nor any part of the Property. The other Indemnified Parties have no any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by the Lender or any other Indemnified Party shall impose any liability on any the Lender or such other Indemnified Party. In no event shall any site visit, observation or testing by the Lender or any other Indemnified Party be a representation that 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 Hazardous Substances Laws or any other applicable governmental law. Neither the Borrower Indemnitor nor any other party is entitled to rely on any site visit, observation or testing by the Lender or any other Indemnified Party. The Neither the Lender nor any of the other Indemnified Parties owe no any duty of care to protect the Indemnitors Indemnitor or any other party against, or to inform the Indemnitors Indemnitor or any other party of, any Hazardous Substances or any other adverse condition affecting the Property. The Indemnified Parties may in their discretion disclose to the Indemnitors or Lender and 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 the Borrower Indemnitors reasonable notice before entering the Property. Such Indemnified Party , and shall make reasonable efforts to avoid interfering with the Borrower’s Indemnitors' use of the Property in exercising any rights provided in this Section 1, except in the event of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspectionparagraph 5.

Site Visits, Observation and Testing. The 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 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 purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property. 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 any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that 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 Hazardous Substances or any other applicable governmental law. Neither the Borrower nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, any Hazardous Substances or any other adverse condition affecting the Property. 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 the Borrower reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s use of the Property in exercising any rights provided in this Section 1, except in the event of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspection.

Site Visits, Observation and Testing. The 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. In addition, each person indemnified by Mortgagor hereunder or under Section 11.22 of the Loan Agreement (collectively, "Indemnified Parties Parties") and their agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property. The Indemnified -27- Parties agree to conduct such appraisals and tests in such a manner as to minimize interference with business operations on the Property, and no tests will be conducted which unreasonably interfere with such business operations. 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 any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that Hazardous Substances Materials are or are not present in, on on, or under the Property, or that there has been or shall be compliance with any lawHazardous Materials Law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither the Borrower Mortgagor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors Mortgagor or any other party against, or to inform the Indemnitors Mortgagor or any other party of, any Hazardous Substances Material or any other adverse condition affecting the Property. 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 the Borrower Mortgagor reasonable notice before entering the Property. Such In addition to the other requirements of this Section 5.13, the Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s Mortgagor's use of the Property in exercising any rights provided in this Section 1, except in the event of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspectionSection.

Site Visits, Observation and Testing. The Indemnified Parties and their agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purposes of observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, visit observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party. In no event shall any site visit, observation or testing by any Indemnified Party be a representation that 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 Hazardous Substances or any other applicable governmental law. Neither the Borrower Indemnitors nor any other party is parties are entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect the Indemnitors or any other party against, or to inform the Indemnitors or any other party of, against any Hazardous Substances or any other adverse condition affecting the Property. The Indemnified Parties may in their discretion shall 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 Indemnified Parties in the Indemnified Partiesevent any Hazardous Substances are found as a result of such site visit observation or testing. 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 the Borrower reasonable notice before entering the Property. Such Indemnified Party shall make reasonable efforts to avoid interfering with the Borrower’s use of the Property in exercising any rights provided in this Section 1, except in the event of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspection.

Site Visits, Observation and Testing. The Indemnified Parties Beneficiary and their its agents and representatives shall have the right at any reasonable time to enter and visit the Property for the purposes purpose of performing appraisals, observing the Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Property. The Indemnified Parties have Beneficiary has no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party Beneficiary, its agents or representatives shall impose any liability on any Indemnified Partyof Beneficiary, its agents or representatives. In no event shall any site visit, observation or testing by any Indemnified Party Beneficiary, its agents or representatives be a representation that Hazardous Substances Materials 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 Substances Materials or any other applicable governmental law. Neither the Borrower Grantor nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Partyof Beneficiary, its agents or representatives except as provided in the next sentence. The Indemnified Parties Provided that no Event of Default has occurred and is continuing hereunder, Beneficiary shall provide Grantor with copies of all reports related thereto for which Beneficiary has paid the costs, and, if such reports are to be furnished to Grantor, all reports shall be made to the benefit of Grantor so that Grantor can rely on such reports to the same extent as Beneficiary. Except as otherwise set forth in the Environmental Indemnity Agreement, neither Beneficiary, its agents or representatives owe no any duty of care to protect the Indemnitors Grantor or any other party against, or to inform the Indemnitors Grantor or any other party of, any Hazardous Substances Materials or any other adverse condition affecting the Property. The Indemnified Parties may Except 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 event of any such report or findings that may be disclosed. The Indemnitors also understand thatemergency, 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 Beneficiary shall give the Borrower Grantor reasonable notice before entering the Property. Such Indemnified Party Beneficiary shall make reasonable efforts to avoid interfering with the Borrower’s Gxxxxxx's use of the Property in exercising any rights provided in this Section 1, except in 5.12. In the event that any provision set forth in Section 4 of an emergencythe Environmental Indemnity Agreement conflicts with this Section 5.12, Section 4 of the Indemnified Parties Environmental Indemnity Agreement shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspectioncontrol.

Site Visits, Observation and Testing. The Mortgage Notes Indenture Trustee and 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 purposes terms of observing this Indemnity and for determining the Propertyexistence, nature and magnitude of any past or present Release or threatened Release, and they shall also have the right, following any Event Default (as defined in the Indenture), or where the Mortgage Notes Indenture Trustee has a 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, and conducting tests on ) as they shall deem appropriate. Neither the Mortgage Notes Indenture Trustee nor any part of the Property. The other Indemnified Parties have no any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by the Mortgage Notes Indenture Trustee or any other Indemnified Party shall impose any liability on any the Mortgage Notes Indenture Trustee or such other Indemnified Party. In no event shall any site visit, observation or testing by the Mortgage Notes Indenture Trustee or any other Indemnified Party be a representation that 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 Hazardous Substances Laws or any other applicable governmental law. Neither the Borrower Company nor any other party is entitled to rely on any site visit, observation or testing by the Mortgage Notes Indenture Trustee or any other Indemnified Party. The Neither the Mortgage Notes Indenture Trustee nor any of the other Indemnified Parties owe no duty any duly of care to protect the Indemnitors Company or any other party against, or to inform the Indemnitors Company or any other party of, any Hazardous Substances or any other adverse condition affecting the Property. The Indemnified Parties may in their discretion disclose to the Indemnitors or Mortgage Notes Indenture Trustee and 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 the Borrower Company reasonable notice before entering the Property. Such Indemnified Party , and shall make reasonable efforts to avoid interfering with the Borrower’s Company's use of the Property in exercising any rights provided in this Section 1, except in the event of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspectionparagraph 5.

Site Visits, Observation and Testing. The Mortgage Notes Indenture Trustee and 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, 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 purposes terms of observing this Indemnity and for determining the Propertyexistence, nature and magnitude of any past or present Release or threatened Release, and they shall also have the right, following any Event of Default as defined in the Indenture, or where the Mortgage Notes Indenture Trustee has a 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, and conducting tests on ) as they shall deem appropriate. Neither the Mortgage Notes Indenture Trustee nor any part of the Property. The other Indemnified Parties have no any duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by the Mortgage Notes Indenture Trustee or any other Indemnified Party shall impose any liability on any the Mortgage Notes Indenture Trustee or such other Indemnified Party. In no event shall any site visit, observation or testing by the Mortgage Notes Indenture Trustee or any other Indemnified Party be a representation that 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 Hazardous Substances Laws or any other applicable governmental law. Neither the Borrower Company nor any other party is entitled to rely on any site visit, observation or testing by the Mortgage Notes Indenture Trustee or any other Indemnified Party. The Neither the Mortgage Notes Indenture Trustee nor any of the other Indemnified Parties owe no any duty of care to protect the Indemnitors Company or any other party against, or to inform the Indemnitors Company or any other party of, any Hazardous Substances or any other adverse condition affecting the Property. The Indemnified Parties may in their discretion disclose to the Indemnitors or Mortgage Notes Indenture Trustee and 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 the Borrower Company reasonable notice before entering the Property. Such Indemnified Party , and shall make reasonable efforts to avoid interfering with the Borrower’s Company's use of the Property in exercising any rights provided in this Section 1, except in the event of an emergency, the Indemnified Parties shall afford the Borrower a reasonable opportunity to have Borrower’s representative accompany an Indemnified Party and its agents during any such inspectionparagraph 5.