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 (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, taking and removing soil or groundwater samples, and conducting 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 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 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 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 use of the Property in exercising any rights provided in this Section 5.12.

Site Visits, Observation and Testing. Mortgagee and its agents and representatives Beneficiary 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 purposes of performing appraisals, observing the Property, taking and removing soil or groundwater samples, and conducting 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 Hazardous Material 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 Material 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 Hazardous Material Substances or any other adverse condition affecting the Property. Mortgagee Beneficiary shall give Mortgagor Trustor reasonable advance notice before entering the Property. Mortgagee Beneficiary shall make reasonable efforts to avoid interfering with Mortgagor’s Trustor's use of the Property in exercising any rights provided in this Section 5.12Paragraph. For purposes of this Paragraph, "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 any federal, state or local law, regulation or ordinance.

Site Visits, Observation and Testing. Subject to the terms of any applicable Lease, 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, taking and removing soil or groundwater samples, and conducting tests on any part of the Property. Unless an Event of Default exists that has not been waived in writing by Mortgagee, Mortgagee shall not have the right without the consent of Mortgagor to visit the Property for such purposes more than twice in any calendar year. 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 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 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 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 use of the Property in exercising any rights provided in this Section 5.12.

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) 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, taking and removing soil or groundwater samples, and conducting 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 Hazardous Material 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 Hazardous Material 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 Hazardous Material Materials of Environmental Concern 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 use of the Property in exercising any rights provided in this Section 5.12Section.

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 (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, taking and removing soil or groundwater samples, and conducting 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 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 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 Hazardous Material or any other adverse condition affecting the Property. Mortgagee shall give Mortgagor reasonable advance notice (not less than 48 hours) 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 5.12.

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 (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, taking and removing soil or groundwater samples, and conducting 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 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 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 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 use of the Property in exercising any rights provided in this Section 5.12.

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, taking and removing soil or groundwater samples, and conducting 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 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 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 Hazardous Material or any other adverse condition affecting the Property. Mortgagee shall give Mortgagor reasonable advance notice before entering or visiting the Property. Mortgagee shall make reasonable efforts to avoid interfering with Mortgagor’s or the Batesville Operator’s use of the Property in exercising any rights provided in this Section 5.12.

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 (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, taking and removing soil or groundwater samples, and conducting 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 Material 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 Material Materials 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 Material Materials or any other adverse condition affecting the Property. Except in the event of any emergency, Mortgagee shall give Mortgagor reasonable advance 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 5.12.