Survey and Inspection. Purchaser and Purchaser’s agents, employees and independent contractors shall have the right and privilege to enter upon the Property during the Inspection Period to survey and inspect the Property and to conduct soil borings, environmental assessment and toxic waste studies and other geological, engineering, water or landscaping tests or studies or building inspections, all at Purchaser’s sole cost and expense. Purchaser hereby covenants and agrees to indemnify and hold harmless Seller from any and all loss, liability, cost, claim, demand, damage, action, cause of action and suit arising out of or in any manner related to the exercise by Purchaser of Purchaser’s rights under this Section (but not the existence of any condition discovered in the course of Purchaser’s inspections and testing).
Survey and Inspection. The LESSEE authorizes LESSOR to thoroughly survey the boat for fire hazards at hauling or prior to moving to dry storage. XXXXXX understands that this regulation is formulated, enforced and conducted solely for the protection of XXXXXX. The promulgation and enforcement of these rules and regulations, the conducting of a survey, the failure to require or fully perform a survey with respect to other LESSEE(S) will not subject LESSOR to any duty or liability to the LESSEE with respect to fire or explosion prevention or detection. In general, any survey will be solely at the discretion of the LESSOR.
Survey and Inspection. The Buyer may conduct a survey of the property to ascertain the boundaries and area of the property and establish the location of structures purporting to be on the property or on adjoining land. If there is any material or substantial error in the boundaries or area of the property or any encroachment of a material or substantial nature the Buyer shall be entitled to rescind this Contract by notice in writing to the Seller given before completion, in which event, all deposit and other moneys received by the Seller or the Stakeholder on account of the purchase price shall be refunded to the Buyer without interest, costs or damages in full and final satisfaction of all claims. Any error in the boundaries or area of the land or any encroachment either of which is not of a material or substantial nature shall not entitle the Buyer to rescind this Contract, but compensation shall be payable by the Seller to the Buyer if claimed by the Buyer before completion. If the parties cannot agree upon the amount of compensation, the amount shall be determined by an arbitrator appointed in the manner specified in clause 5.2(d). The Buyer must not delay completion or withhold any part of the purchase price pending the resolution of any compensation claim under clause 8.2. Upon reasonable notice to the Seller, the Buyer and its consultants may enter upon the property to: carry out any inspection needed for the preparation of an inspection report under clause 26; value the property; and conduct a final inspection prior to completion. The Seller warrants that no notice has been given to meet or contribute towards the cost of constructing any dividing fence now existing between the property and any adjoining land or to meet or contribute towards the cost of any dividing fence before the date of this Contract.
Survey and Inspection. (1) The Seller gives no assurance that the surveyed area of the Land is correct.
(2) The Seller also gives no assurance that there is no encroachment:
(a) by the Land onto adjoining land; or
(b) by any structure on adjoining land onto the Land, and the Purchaser may not:
(c) make any objection or claim; or
(d) delay completion, because of any inaccuracy or misdescription (whether material or not) in the details of the Land contained in this Agreement.
Survey and Inspection. Recipient and Recipient’s agents, employees and independent contractors shall have the right and privilege at reasonable times and after reasonable notice to Contributor to enter upon the Property during the Inspection Period to survey and inspect the Property and to conduct soil borings, environmental assessment and toxic waste studies and other geological, engineering, water or landscaping tests or studies or building inspections, all at Recipient’s sole cost and expense. Recipient hereby covenants and agrees to indemnify and hold harmless Contributor from any and all loss, liability, cost (including without limitation reasonable attorney fees), claim, demand, damage, action, cause of action and suit arising out of or in any manner related to the exercise by Recipient of Recipient’s rights under this section (but not the existence of any condition discovered in the course of Recipient’s inspections and testing).
Survey and Inspection. (a) Purchaser and Purchaser’s agents, employees and independent contractors shall have the right and privilege to enter upon the Property during the Inspection Period to survey and inspect the Property and to conduct soil borings, environmental assessment and toxic waste studies and other geological, engineering, water or landscaping tests or studies or building inspections, all at Purchaser’s sole cost and expense. Purchaser acknowledges that Seller must coordinate with the Subtenant in possession of the Property prior to providing access and agrees to minimize any interference with the Subtenant’s operations in connection with Purchaser’s investigations, and Seller shall cooperate with Purchaser and assist in obtaining any necessary entry or access to the Property from Subtenant.
(b) Purchaser shall not obtain a Phase II environmental audit report without Seller’s written consent to be given within two (2) business days of request therefor by Purchaser, and not to be unreasonably conditioned, delayed or withheld. If Seller refuses such consent, Purchaser may, at its election, terminate this Agreement and receive a full refund of the Xxxxxxx Money by delivering written notice thereof to Seller and Seller, provided that Purchaser has requested such consent during the Inspection Period.
(c) Except as provided in Section 34 below, Purchaser shall not disclose any adverse conditions affecting the Property unless and until Purchaser purchases the Property, unless such disclosure is required by law.
(d) Purchaser hereby covenants and agrees to indemnify and hold harmless Seller, its affiliates, and any lessee or sublessee of the Property from any and all loss, liability, cost, claim, demand, damage, action, cause of action and suit arising out of or in any manner related to the exercise by Purchaser of Purchaser’s rights under this section (but not the existence of any condition discovered in the course of Purchaser’s inspections and testing, except to the extent such condition is exacerbated by such Purchaser’s actions). Further, Purchaser shall promptly pay all costs, fees and expenses incurred as a result of or associated with such inspection work done or caused to be done by it on the Property as permitted by this Section and shall keep the Property free from any and all mechanics or similar liens or charges resulting from such inspection work. Purchaser’s obligations under this Section 13(d) shall survive the Closing.
Survey and Inspection. Xxxxx and Xxxxx's agents, employees and independent contractors shall have the right and privilege to enter upon the Property prior to and including the date of Closing to survey and inspect the Property and to conduct soil borings and other geological, engineering, or landscaping tests or studies, all at Buyer's sole cost and expense. The right shall be exercised after Notice to Seller and after Buyer has provided to Seller (i) a certificate of liability insurance with at least [check one] 🞎 US$ or 🞎 US$1,000,000.00 single limit coverage naming Seller as an additional insured and (ii) lien waivers from all persons or entities hired by Buyer to perform any work on the Property. Buyer hereby covenants and agrees to indemnify and hold harmless Seller from any and all loss, liability, costs, claims, demands, damages, actions, causes of actions, and suits arising out of or in any way manner related to the exercise by Buyer of Buyer's rights under this paragraph.
Survey and Inspection. Immediately after signing of this Contract of Lease , the LESSEE and/or LESSOR shall designate architectural firm R X. XXXXXX + PARTNERS ARCHITECT to conduct a survey to determine the condition of the Leased Premises in accordance with the as-built drawings and plans of the buildings, the installations of improvements as well as the machineries, equipment and accessories covered under this Contract of Lease. Upon termination or expiration of this Contract of Lease, the same architectural firm or such other firm as may be mutually agreed upon by the parties shall conduct an inspection to determine the condition of the Leased Premises to determine whether the condition of the Leased Premises is in the same state as at the start of this Contract of Lease except for normal wear and tear. Any damage to the Leased Premises which are not due to normal wear and tear shall be claimed against the security deposit referred to in Section 5 below. Such agreed plan and list shall form an integral part of this Contract of Lease. All cost of such survey and inspection including any reproduction of plans and report shall be for the account of the LESSEE.
Survey and Inspection. A. Seller covenants, represents, and warrants that, by 12:00 p.m. (NOON) EDT, December 10, 2019, it will provide to Purchaser any leases, agreements, surveys, title insurance policies, geotechnical studies, environmental studies, wetland studies, and any other documents relating to the Property and in the possession or control of Seller (the “Studies”). Seller further covenants, represents, and warrants that it will notify Purchaser in writing by December 10, 2019, and in accordance with Section X below, of any such documents relating to the Property of which it is aware and reasonably cannot provide to Purchaser, including a description of such documents.
B. Seller covenants, represents, and warrants that, by 12:00 p.m. (NOON) EDT, December 10, 2019, it will provide to Purchaser a Phase I Environmental Assessment and Report for the Property conducted and prepared by an environmental engineering and inspection company at Seller’s expense, together with the results of other tests and other reports (if any) that were recommended in the Phase I Environmental Assessment and Report.
Survey and Inspection. Purchaser and Purchaser's agents, employees and independent contractors shall have the right and privilege to enter upon the Property during the Inspection Period to survey and inspect the Property and to conduct soil borings, environmental assessment and toxic waste studies and other geological, engineering or landscaping tests or studies, all at Purchaser's sole cost and expense. Purchaser hereby covenant and agree to indemnify and hold harmless Seller from any and all loss, liability, cost, claim, demand, damage, action, cause of action and suit arising out of or in any manner related to the exercise by Purchaser of Purchaser's rights under this section (but not the existence of any condition discovered in the course of Purchaser's inspections and testing) and to repair any damage to the Property resulting from the exercise of Purchaser's rights hereunder. In the event Purchaser elect not to purchase the Property in accordance with its rights hereunder, the foregoing indemnity will survive and Purchaser will provide Seller with copies of all tests, studies, borings and surveys obtained by Purchaser as consideration for entering into this Agreement.
