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

Site Visits, Observations and Testing. DISTRICT and its agents and representatives shall have the right at any reasonable time to enter and visit the Premises for the purposes of observing the Premises, taking and removing solid or groundwater samples, and conducting tests on any part of the Premises. Such entry shall be during normal business hours except for emergencies. DISTRICT is under no duty, however, to visit or observe the Premises or to conduct tests. No site visit, observation or testing by DISTRICT shall result in a waiver of any default of LESSEE or impose any liability on DISTRICT. In no event shall any site visit, observation or testing by DISTRICT be a representation that Hazardous Substances are or are not present in, on or under the Premises, or that there has been compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither LESSEE nor any other party is entitled to rely on any site visit, observation or testing by DISTRICT. DISTRICT shall not be obligated to disclose to LESSEE or any other party any report or finding made as a result of, or in connection with, any site visit, observation or testing by DISTRICT. In each instance, DISTRICT shall give LESSEE reasonable notice before entering the Premises or any other place DISTRICT is permitted to enter under this Section. DISTRICT shall make reasonable efforts to avoid interfering with XXXXXX's use of the Premises or any other property in exercising any right provided in this Section. ARTICLE NINE

Site Visits, Observations and Testing. DISTRICT CITY and its agents and representatives shall have the right at any reasonable time to enter and visit the Premises for the purposes of observing the Premises, taking and removing solid or groundwater liquid samples, and conducting tests on any part of the Premises. Such entry shall be during normal business hours except for emergencies. DISTRICT CITY is under no duty, however, to visit or observe the Premises or to conduct tests. No site visit, observation or testing by DISTRICT CITY shall result in a waiver of any default of LESSEE or impose any liability on DISTRICTCITY. In no event shall any site visit, observation or testing by DISTRICT CITY be a representation that Hazardous Substances are or are not present in, on or under the Premises, or that there has been compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither LESSEE nor any other party is entitled to rely on any site visit, observation or testing by DISTRICTthe CITY. DISTRICT CITY shall not be obligated to disclose to LESSEE or any other party any report or finding made as a result of, or in connection with, any site visit, observation or testing by DISTRICTCITY. In each instance, DISTRICT CITY shall give LESSEE reasonable notice before entering the Premises or any other place DISTRICT CITY is permitted to enter under this Section. DISTRICT CITY shall make reasonable efforts to avoid interfering with XXXXXX's ’S use of the Premises or any other property in exercising any right provided in this Section. ARTICLE NINE.