Coordination of Inspections Sample Clauses

Coordination of Inspections. Buyer shall coordinate its environmental property assessments and physical inspections of the Properties to minimize any inconvenience to or interruption of the conduct of business by Seller and its co-owners of the Leases and other lands included in the Properties. Buyer shall abide by Seller’s and any third party operator’s safety rules, regulations, and operating policies while conducting its due diligence evaluation of the Properties including any environmental or other inspection or assessment of the Properties. Buyer hereby defends, indemnifies and holds each of the operators of the Properties and Seller Group (below defined) harmless from and against any and all Losses (below defined) arising out of, resulting from or relating to any field visit, environmental property assessment, or other due diligence activity conducted by Buyer or any Buyer’s representative with respect to the Properties and Seller’s records pertaining thereto, even if such Losses arise out of or result from the sole, active, passive, concurrent or comparative negligence, strict liability or other fault or violation of law of or by a member of Seller Group, excepting only Losses actually resulting on the account of the gross negligence or willful misconduct of a member of Seller Group.

Coordination of Inspections. Before the funding of all or any portion of a Draw Request, the Creditors and the Borrower shall arrange to have all of the Work inspected by the Creditors’ respective inspectors for quality of materials and workmanship, conformity with the Contract Documents, and the degree of construction completion (each, a “Field Progress Inspection”). The Creditors shall coordinate their inspections. If the inspectors differ as to the quality of materials and workmanship or the conformance of the Work with the contract documents or the degree of completion of the Project, the parties shall attempt to resolve the difference in a mutually acceptable manner within five (5) business days after the Creditors’ receipt of notice of such dispute. If any such dispute is not resolved in a mutually acceptable manner within five (5) business days, any pending Draw Request relating to such Work shall be funded in accordance with, and subject to the provisions of, Section 5(d)(v) of this Agreement, including specifically, but not limited to, the obligation of the Borrower to fund any disputed amounts not funded by any Creditor. Each Creditor reserves the right to engage an independent inspecting engineer, subject to any limitations as to expense set forth in such Creditor's respective Loan Agreement with the Borrower or in this Agreement.