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

Site Visits, Observations and Testing. The Agent and its representatives will have the right at any reasonable time and upon reasonable prior notice to enter and visit the Premises and any other place where any property of the Borrower is located for the purposes of observing the Premises, taking and removing soil or groundwater samples, and conducting tests on any part of the Premises. The Agent is under no duty, however, to visit or observe the Premises or to conduct tests, and any such acts by the Agent will be solely for the purposes of protecting the Agent's Liens and preserving the Agent and the Lenders' rights under this Agreement. No site visit, observation or testing by the Agent and the Lenders will result in a waiver of any default of the Borrower or impose any liability on the Agent or the Lenders. In no event will any site visit, observation or testing by the Agent be a representation that hazardous substances are or are not present in, on or under the Premises, or that there has been or will be compliance with any Environmental Law. Neither the Borrower nor any other party is entitled to rely on any site visit, observation or testing by the Agent. The Agent and the Lenders owe no duty of care to protect the Borrower or any other party against, or to inform the Borrower or any other party of, any hazardous substances or any other adverse condition affecting the Premises. The Agent may in its discretion disclose to the Borrower 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 Agent and may in its discretion allow its representative to provide split samples for the Borrower's own purposes. The Borrower understands and agrees that the Agent makes no warranty or representation to the Borrower or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Borrower also understands that depending on the results of any site visit, observation or testing by the Agent and disclosed to the Borrower, the Borrower may have a legal obligation to notify one or more environmental agencies of the results, that such reporting requirements are site-specific, and are to be evaluated by the Borrower without advice or assistance from the Agent. In each instance, the Agent will give the Borrower reasonable notice before entering the Premises or any other place the Agent is permitted to enter under this Section 6.17. The Agent will make reasonable efforts to avoid interfering with the Borrower's use of the Premises or any other property in exercising any rights provided hereunder.

Site Visits, Observations and Testing. The Agent and its representatives will have the right at any reasonable time and upon reasonable prior notice to enter and visit the Premises and any other place where any property of the Borrower any Loan Party is located for the purposes of observing the Premises, and subject to the terms of any lease of Premises and if the Agent has a reasonable basis for doing so (such as a Phase I report recommending any such action), taking and removing soil or groundwater samples, and conducting tests on any part of the Premises. The Agent is under no duty, however, to visit or observe the Premises or to conduct tests, and any such acts by the Agent will be solely for the purposes of protecting the Agent's Liens and preserving the Agent and the Lenders' rights under this Agreement. No site visit, observation or testing by the Agent and the Lenders will result in a waiver of any default of the Borrower any Loan Party or impose any liability on the Agent or any Lender (except for the LendersAgent's or such Lender's gross negligence or willful misconduct). In no event will any site visit, observation or testing by the Agent be a representation that hazardous substances are or are not present in, on or under the Premises, or that there has been or will be compliance with any Environmental Law. Neither the Borrower any Loan Party nor any other party is entitled to rely on any site visit, observation or testing by the Agent. The Agent and the Lenders owe no duty of care to protect the Borrower any Loan Party or any other party against, or or, except to the extent the Agent is required to do so by applicable Environmental Laws, to inform the Borrower any Loan Party or any other party of, any hazardous substances or any other adverse condition affecting the Premises. The Agent may in its discretion discretion, except to the extent the Agent is required to do so by applicable Environmental Laws, disclose to the Borrower any Loan Party 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 Agent and may in its discretion allow its representative to provide split samples for the Borrower's own purposesAgent. The Borrower Each Loan Party understands and agrees that the Agent makes no warranty or representation to the Borrower any Loan Party or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Borrower Each Loan Party also understands that depending on the results of any site visit, observation or testing by the Agent and disclosed to the Borrowersuch Loan Party, the Borrower such Loan Party may have a legal obligation to notify one or more environmental agencies of the results, that such reporting requirements are site-specific, and are to be evaluated by the Borrower such Loan Party without advice or assistance from the Agent. In each instance, the Agent will give the Borrower such Loan Party reasonable notice before entering the Premises or any other place the Agent is permitted to enter under this Section SECTION 6.17. The Agent will make reasonable efforts to avoid interfering with the Borrowersuch Loan Party's use of the Premises or any other property in exercising any rights provided hereunder.

Site Visits, Observations and Testing. The Agent and its representatives will have the right at any reasonable time and upon reasonable prior notice to enter and visit the Premises Real Estate and any other place where any property of the Borrower or any Guarantor is located for the purposes of observing the PremisesReal Estate, taking and removing soil or groundwater samples, and conducting tests on any part of the PremisesReal Estate. The Agent is under no duty, however, to visit or observe the Premises Real Estate or to conduct tests, and any such acts by the Agent will be solely for the purposes of protecting the Agent's Liens and preserving the Agent and the Lenders' rights under this Agreement. No site visit, observation or testing by the Agent and the Lenders will result in a waiver of any default of the Borrower or any Guarantor or impose any liability on the Agent or the Lenders. In no event will any site visit, observation or testing by the Agent be a representation that hazardous substances are or are not present in, on or under the PremisesReal Estate, or that there has been or will be compliance with any Environmental Law. Neither the Borrower nor any other party is entitled to rely on any site visit, observation or testing by the Agent. The Agent and the Lenders owe no duty of care to protect the Borrower or any other party against, or to inform the Borrower or any other party of, any hazardous substances or any other adverse condition affecting the PremisesReal Estate. The Agent may in its discretion disclose to the Borrower or any Guarantor or to any other party if so required by law any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Agent; PROVIDED, HOWEVER, that the Agent, prior to any such notification, shall notify the Borrower or the applicable Guarantor of any information Agent and may in its discretion allow its representative intends to provide split samples for the Borrower's own purposesdeliver to any Governmental Authority. The Borrower understands and agrees each Guarantor understand and agree that the Agent makes no warranty or representation to the Borrower or any Guarantor or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Borrower and each Guarantor also understands that depending on the results of any site visit, observation or testing by the Agent and disclosed to the BorrowerBorrower or such Guarantor, the Borrower or such Guarantor may have a legal obligation to notify one or more environmental agencies of the results, that such reporting requirements are site-specific, and are to be evaluated by the Borrower or the applicable Guarantor without advice or assistance from the Agent. In each instance, the Agent will give the Borrower reasonable notice before entering or the Premises or any other place the Agent is permitted to enter under this Section 6.17. The Agent will make reasonable efforts to avoid interfering with the Borrower's use of the Premises or any other property in exercising any rights provided hereunder.applicable Guarantor

Site Visits, Observations and Testing. The Agent and its representatives will have the right at any reasonable time and upon reasonable prior notice to enter and visit the Premises and any other place where any property of the Borrower any Loan Party is located for the purposes of observing the Premises, and subject to the terms of any lease of Premises and if the Agent has a reasonable basis for doing so (such as a Phase I report recommending any such action), taking and removing soil or groundwater samples, and conducting tests on any part of the Premises. The Agent is under no duty, however, to visit or observe the Premises or to conduct tests, and any such acts by the Agent will be solely for the purposes of protecting the Agent's Liens and preserving the Agent and the Lenders' rights under this Agreement. No site visit, observation or testing by the Agent and the Lenders will result in a waiver of any default of the Borrower any Loan Party or impose any liability on the Agent or any Lender (except for the LendersAgent's or such Lender's gross negligence or willful misconduct). In no event will any site visit, observation or testing by the Agent be a representation that hazardous substances are or are not present in, on or under the Premises, or that there has been or will be compliance with any Environmental Law. Neither the Borrower any Loan Party nor any other party is entitled to rely on any site visit, observation or testing by the Agent. The Agent and the Lenders owe no duty of care to protect the Borrower any Loan Party or any other party against, or or, except to the extent the Agent is required to do so by applicable Environmental Laws, to inform the Borrower any Loan Party or any other party of, any hazardous substances or any other adverse condition affecting the Premises. The Agent may in its discretion discretion, except to the extent the Agent is required to do so by applicable Environmental Laws, disclose to the Borrower any Loan Party 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 Agent and may in its discretion allow its representative to provide split samples for the Borrower's own purposesAgent. The Borrower Each Loan Party understands and agrees that the Agent makes no warranty or representation to the Borrower any Loan Party or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Borrower Each Loan Party also understands that depending on the results of any site visit, observation or testing by the Agent and disclosed to the Borrowersuch Loan Party, the Borrower such Loan Party may have a legal obligation to notify one or more environmental agencies of the results, that such reporting requirements are site-specific, and are to be evaluated by the Borrower such Loan Party without advice or assistance from the Agent. In each instance, the Agent will give the Borrower such Loan Party reasonable notice before entering the Premises or any other place the Agent is permitted to enter under this Section 6.17. The Agent will make reasonable efforts to avoid interfering with the Borrowersuch Loan Party's use of the Premises or any other property in exercising any rights provided hereunder.

Site Visits, Observations and Testing. The Agent and its representatives will have the right at any reasonable time and upon reasonable prior notice to enter and visit the Premises and any other place where any property of the Borrower any Loan Party is located for the purposes of observing the Premises, taking and removing soil or groundwater samples, and conducting tests on any part of the Premises. The Agent is under no duty, however, to visit or observe the Premises or to conduct tests, and any such acts by the Agent will be solely for the purposes of protecting the Agent's Liens and preserving the Agent and the Lenders' rights under this Agreement. No site visit, observation or testing by the Agent and the Lenders will result in a waiver of any default Default or Event of the Borrower Default or impose any liability on the Agent or the Lenders. In no event will any site visit, observation or testing by the Agent be a representation that hazardous substances are or are not present in, on or under the Premises, or that there has been or will be compliance with any Environmental Law. Neither the Borrower any Loan Party nor any other party is entitled to rely on any site visit, observation or testing by the Agent. The Agent and the Lenders owe no duty of care to protect the Borrower Loan Parties or any other party against, or to inform the Borrower Loan Parties or any other party of, any hazardous substances or any other adverse condition affecting the Premises. The Agent may in its discretion disclose to the Borrower Loan Parties or to any other party if so required by law any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Agent and may in its discretion allow its representative to provide split samples for the Borrower's own purposesAgent. The Borrower understands Loan Parties understand and agrees agree that the Agent makes no warranty or representation to the Borrower Loan Parties or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Borrower Loan Parties also understands understand that depending on the results of any site visit, observation or testing by the Agent and disclosed to the BorrowerLoan Parties, the Borrower Loan Parties may have a legal obligation to notify one or more environmental agencies of the results, that such reporting requirements are site-specific, and are to be evaluated by the Borrower Loan Parties without advice or assistance from the Agent. In each instance, the Agent will give the Borrower Loan Parties reasonable notice before entering the Premises or any other place the Agent is permitted to enter under this Section 6.17. The Agent will make reasonable efforts to avoid interfering with the Borrower's Loan Parties' use of the Premises or any other property in exercising any rights provided hereunder.

Site Visits, Observations and Testing. The Agent and its representatives will have the right at any reasonable time and upon reasonable prior notice to enter and visit the Premises Real Estate and any other place where any property of the any Borrower is located for the purposes of observing the PremisesReal Estate, taking and removing soil or groundwater samples, and conducting tests on any part of the PremisesReal Estate. The Agent is under no duty, however, to visit or observe the Premises Real Estate or to conduct tests, and any such acts by the Agent will be solely for the purposes of protecting the Agent's Liens and preserving the Agent and the Lenders' rights under this Agreement. No site visit, observation or testing by the Agent and the Lenders will result in a waiver of any default of the any Borrower or impose any liability on the Agent or the Lenders. In no event will any site visit, observation or testing by the Agent be a representation that hazardous substances are or are not present in, on or under the PremisesReal Estate, or that there has been or will be compliance with any Environmental Law. Neither the any Borrower nor any other party is entitled to rely on any site visit, observation or testing by the Agent. The Agent and the Lenders owe no duty of care to protect the any Borrower or any other party against, or to inform the any Borrower or any other party of, any hazardous substances or any other adverse condition affecting the PremisesReal Estate. The Agent may in its discretion disclose to the any Borrower or to any other party if so required by law any report or findings made as a result of, or in connection with, any site visit, observation or testing by the Agent and may in its discretion allow its representative to provide split samples for the Borrower's own purposesAgent. The Each Borrower understands and agrees that the Agent makes no warranty or representation to the such Borrower or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. The Each Borrower also understands that depending on the results of any site visit, observation or testing by the Agent and disclosed to the such Borrower, the such Borrower may have a legal obligation to notify one or more environmental agencies of the results, that such reporting requirements are site-specific, and are to be evaluated by the such Borrower without advice or assistance from the Agent. In each instance, the Agent will give the applicable Borrower reasonable notice before entering the Premises Real Estate or any other place the Agent is permitted to enter under this Section 6.17. The Agent will make reasonable efforts to avoid interfering with the any Borrower's use of the Premises Real Estate or any other property in exercising any rights provided hereunder. Any such site visit, observation and testing undertaken by the Agent or its representative under this Section 6.17 while no Event of Default exists shall be at the sole cost and expense of the Agent and Lenders.

Site Visits, Observations and Testing. The Agent and its representatives will have the right at any reasonable time and upon reasonable prior notice to enter and visit the Premises Real Estate of any Borrower and any other place where any property of the a Borrower is located for the purposes of observing the Premisessuch Real Estate, taking and removing soil or groundwater samples, and conducting tests on any part of such Real Estate; provided that in the Premisesevent such Real Estate is leased by a Borrower, such observing and testing shall be conducted in accordance with the terms of the lease agreement with respect to such Real Estate. The Agent is under no duty, however, to visit or observe the Premises such Real Estate or to conduct tests, and any such acts by the Agent will be solely for the purposes of protecting the Agent's ’s Liens and preserving the Agent and the Lenders' ’ rights under this Agreement. No site visit, observation observation, or testing by the Agent and the Lenders will result in a waiver of any default Default or Event of the Borrower Default or impose any liability on the Agent or the Lenders. In no event will any site visit, observation observation, or testing by the Agent be a representation that hazardous substances are or are not present in, on or under the Premisessuch Real Estate, or that there has been or will be compliance with any Environmental Law. Neither the any Borrower nor any other party Person is entitled to rely on any site visit, observation observation, or testing by the Agent. The Except as established under any Requirement of Law, the Agent and the Lenders owe no duty of care to protect the any Borrower or any other party Person against, or to inform the any Borrower or any other party Person of, any hazardous substances or any other adverse condition affecting the PremisesReal Estate. The Agent may in its discretion disclose to the Borrower Borrowers or any other party Person if so required by law any report or findings made as a result of, or in connection with, any site visit, observation observation, or testing by the Agent and may in its discretion allow its representative to provide split samples for the Borrower's own purposesAgent. The Each Borrower understands and agrees that the Agent makes no warranty or representation to the such Borrower or any other party Person regarding the truth, accuracy accuracy, or completeness of any such report or findings that may be disclosed. The Each Borrower also understands that depending on the results of any site visit, observation observation, or testing by the Agent and disclosed to the any Borrower, the such Borrower may have a legal obligation to notify one or more environmental agencies of the results, that such reporting requirements are site-specific, and are to be evaluated by the such Borrower without advice or assistance from the Agent. In each instance, the Agent will give the such Borrower reasonable notice before entering the Premises such Real Estate or any other place the Agent is permitted to enter under this Section 6.176.12. The Agent will make reasonable efforts to avoid interfering with the any Borrower's ’s use of the Premises such Real Estate or any other property in exercising any rights provided hereunder.