Common use of Special Buyer Testing Clause in Contracts

Special Buyer Testing. If Buyer requests work, or a modification --------------------- of the original scope of work, that involves any disturbance (including any drilling or boring) of the surface of the land or any underground vault or storage tank, underground pipes, or fuel lines ("Special Buyer Testing"), Buyer must obtain Seller's prior written approval. Seller may withhold its approval if it determines in good faith that the Special Buyer Testing would interfere with Seller's business operations or would pose a safety or environmental hazard. Buyer shall indemnify and defend Seller from all liabilities, damages, losses, claims, costs and expenses (including reasonable attorneys' fees) that Seller incurs arising from performance of the Special Buyer Testing. Without limiting the immediately preceding provisions of this Section 12.5(b), Buyer shall promptly repair any damage to the Real Estate or any personal property located at the Real Estate resulting from any Special Buyer Testing. But Buyer will have no liability regarding any contaminated soil or groundwater it may discover on or under the Real Estate during the course of the Special Buyer Testing, unless Buyer caused the release of that contamination, for example by puncturing the underground storage tanks on the Real Estate. Buyer's liability under this Section 12.5(b) is in addition to Seller's right to retain the Deposit and any accrued interest on the Deposit, when Seller is permitted to do so under any provision of this Agreement concerning liquidated damages for Buyer's default under this Agreement. A termination of this Agreement will not terminate Buyer's obligations under this Section 12.5(b).

Special Buyer Testing. If Buyer requests work, or a --------------------- modification --------------------- of the original scope of work, that involves any disturbance (including any drilling or boring) of the surface of the land or any underground vault or storage tank, underground pipes, or fuel lines ("Special Buyer Testing"), Buyer must obtain Seller's prior written approval. Seller may withhold its approval if it determines in good faith that the Special Buyer Testing would interfere with Seller's business operations or would pose a safety or environmental hazard. Buyer shall indemnify and defend Seller from all liabilities, damages, losses, claims, costs and expenses (including reasonable attorneys' fees) that Seller incurs arising from performance of the Special Buyer Testing. Without limiting the immediately preceding provisions of this Section 12.5(b12.7(b), Buyer shall promptly repair any damage to the Real Estate or any personal property located at the Real Estate resulting from any Special Buyer Testing. But Buyer will have no liability regarding any contaminated soil or groundwater it may discover on or under the Real Estate during the course of the Special Buyer Testing, unless Buyer caused the release of that contamination, for example by puncturing the underground storage tanks on the Real Estate. Buyer's liability under this Section 12.5(b12.7(b) is in addition to Seller's right to retain the Deposit and any accrued interest on the Deposit, when Seller is permitted to do so under any provision of this Agreement concerning liquidated damages for Buyer's default under this Agreement. A termination of this Agreement will not terminate Buyer's obligations under this Section 12.5(b12.7(b).