Common use of Due Diligence Inspections Clause in Contracts

Due Diligence Inspections. (a) From and after the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall permit Purchaser and its authorized representatives to inspect the Properties, to perform due diligence and environmental investigations, to examine the records of Seller with respect to the Properties, and make copies thereof, at such times during normal business hours as Purchaser or its representatives may request. All such inspections shall be nondestructive in nature, and specifically shall not include any physically intrusive testing without the prior written consent of Seller. All such inspections and permitted testing shall be performed in such a manner to minimize any interference with the business of the tenants under the Leases, and, in each case, in compliance with the rights and obligations of Seller as landlord under the Leases. Purchaser shall repair any damage caused by or resulting from any such testing, and shall restore the Properties to the condition in which the same were in before any such testing. Purchaser’s contact with any tenant of the Properties shall be limited to customary tenant interviews, and Purchaser shall not have the right to interview the tenants under the Leases without providing Seller with an opportunity to jointly conduct such interview. All inspection fees, appraisal fees, engineering fees and all other costs and expenses of any kind incurred by Purchaser relating to the inspection of the Properties shall be solely Purchaser’s expense. Seller reserves the right to have a representative present at the time of making any such inspection. Purchaser shall notify Seller not less than one (1) Business Day in advance of making any such inspection. If Purchaser desires to perform any invasive or physically intrusive testing of the Properties, including, without being limited to, any sampling in connection with the Phase II environmental assessments of the Properties, or any other investigation that will involve the removal of flooring, making excavations or test borings, disturbance of any plants, trees or shrubs, or any other invasive test or activity (collectively, “Invasive Testing”), then Purchaser shall provide to either Xxxx X. XxXxx or Xxxxx Xxxxx a written request for approval therefor, which Invasive Testing request shall include the nature and scope of the proposed Invasive Testing and the identity of the company or persons by whom it would be performed. Seller shall approve or disapprove, in Seller’s reasonable discretion, any such Invasive Testing request in writing within two (2) Business Days following Seller’s receipt thereof, if received on a Business Day.

Due Diligence Inspections. (a) From and after the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall permit Purchaser and its authorized representatives to inspect the Properties, Property to perform due diligence and environmental investigations, to examine the records of Seller with respect to the PropertiesProperty, and make copies thereof, at such times during normal business hours as Purchaser or its representatives may request. All such inspections shall be nondestructive in nature, and specifically shall not include any physically intrusive testing without the unless Purchaser obtains Seller’s prior written consent of Sellerto such testing. All such inspections and permitted testing shall be performed in such a manner to minimize any interference with the business of the tenants under the Leases, Leases at the Property and, in each case, in compliance with the Seller’s rights and obligations of Seller as landlord under the Leases. Purchaser agrees that Purchaser shall repair any damage caused by or resulting from any such testing, make no contact with and shall restore not interview the Properties to the condition in which the same were in before any such testing. Purchaser’s contact with any tenant of the Properties shall be limited to customary tenant interviewsProperty without the express prior approval of Seller, and Purchaser which approval shall not have the right to interview the tenants under the Leases without providing Seller with an opportunity to jointly conduct such interviewbe unreasonably withheld, delayed or conditioned. All inspection fees, appraisal fees, engineering fees and all other costs and expenses of any kind incurred by Purchaser relating to the inspection of the Properties Property shall be solely Purchaser’s expense. Seller reserves the right to have a representative present at the time of making any such inspectioninspection and tour and at the time of any interviews, whether by phone or in person, with the tenant of the Property. Purchaser shall notify Seller not less than one two (12) Business Day Days in advance of making any such inspection. If Purchaser desires to perform any invasive inspection or physically intrusive testing of the Properties, including, without being limited to, any sampling in connection with the Phase II environmental assessments of the Properties, or any other investigation that will involve the removal of flooring, making excavations or test borings, disturbance of any plants, trees or shrubs, or any other invasive test or activity (collectively, “Invasive Testing”), then Purchaser shall provide to either Xxxx X. XxXxx or Xxxxx Xxxxx a written request for approval therefor, which Invasive Testing request shall include the nature and scope of the proposed Invasive Testing and the identity of the company or persons by whom it would be performed. Seller shall approve or disapprove, in Seller’s reasonable discretion, any such Invasive Testing request in writing within two (2) Business Days following Seller’s receipt thereof, if received on a Business Daytour.

Due Diligence Inspections. (a) From and after the Effective Date until the Closing Date or earlier termination of the inspection rights of Purchaser under this Agreement, Seller shall permit Purchaser and its authorized representatives to inspect the PropertiesProperty, to perform due diligence and environmental investigations, to examine the records of Seller with respect to the PropertiesProperty, and make copies thereof, at such times during normal business hours as Purchaser or its representatives may request. All such inspections shall be nondestructive in nature, and specifically shall not include include, without Seller’s prior written consent in its sole and absolute discretion, any physically intrusive testing without the prior written consent of Sellertesting. All such inspections and permitted testing shall be performed in such a manner to minimize any interference with the business of the tenants under the Leases, and, in each case, in compliance with the rights and obligations of Seller as landlord under the Leases. Purchaser agrees that Purchaser shall repair make no contact with and shall not interview any damage caused by tenants without Seller’s prior written consent (which consent shall not be unreasonably withheld, conditioned or resulting from any such testingdelayed), and shall restore the Properties on not less than two (2) Business Days’ advance written notice to the condition in which the same were in before any such testing. Purchaser’s contact with any tenant of the Properties shall be limited to customary tenant interviews, and Purchaser shall not have the right to interview the tenants under the Leases without providing Seller with an opportunity to jointly conduct such interviewSeller. All inspection fees, appraisal fees, engineering fees and all other costs and expenses of any kind incurred by Purchaser relating to the inspection of the Properties Property shall be solely Purchaser’s expense. Seller reserves the right to have a representative present at the time of making any such inspectioninspection and at the time of any such interview with any tenant. Purchaser shall notify Seller not less than one two (12) Business Day Days in advance of making any such inspection. If Purchaser desires to perform any invasive or physically intrusive testing of the Properties, including, without being limited to, any sampling in connection with the Phase II environmental assessments of the Properties, or any other investigation that will involve the removal of flooring, making excavations or test borings, disturbance of any plants, trees or shrubs, or any other invasive test or activity (collectively, “Invasive Testing”), then Purchaser shall provide to either Xxxx X. XxXxx or Xxxxx Xxxxx a written request for approval therefor, which Invasive Testing request shall include the nature and scope of the proposed Invasive Testing and the identity of the company or persons by whom it would be performed. Seller shall approve or disapprove, in Seller’s reasonable discretion, any such Invasive Testing request in writing within two (2) Business Days following Seller’s receipt thereof, if received on a Business Day.

Due Diligence Inspections. (a) From and after the Effective Date until the Closing Date or earlier termination of the inspection rights of Purchaser under this Agreement, Seller shall permit Purchaser and its authorized representatives to inspect the Properties, Property to perform due diligence and environmental investigations, to examine the records of Seller with respect to the PropertiesProperty, and make copies thereof, at such times during normal business hours as Purchaser or its representatives may request. All such inspections shall be at Purchaser’s sole cost and expense and shall be nondestructive in nature, and specifically shall not include any physically intrusive testing without the except with Seller’s prior written consent of Sellerconsent, not to be unreasonably withheld. All such inspections and permitted testing shall be performed in such a manner to minimize any interference with the business of the tenants under the Leases, Leases at the Property and, in each case, in compliance with the Seller’s rights and obligations of Seller as landlord under the Leases. Purchaser agrees that Purchaser shall repair any damage caused by or resulting from any such testing, make no contact with and shall restore the Properties to the condition in which the same were in before any such testing. Purchaser’s contact with not interview any tenant of the Properties shall be limited to customary tenant interviewsProperty without the express prior approval of Seller, and Purchaser which approval shall not have the right to interview the tenants under the Leases without providing Seller with an opportunity to jointly conduct such interviewbe unreasonably withheld, delayed or conditioned. All inspection fees, appraisal fees, engineering fees and all other costs and expenses of any kind incurred by Purchaser relating to the inspection of the Properties Property shall be solely Purchaser’s expense. Seller reserves the right to have a representative present at the time of making any such inspection. Purchaser shall notify Seller not less than one three (13) Business Day Days in advance of making any such inspection. If Purchaser desires to perform any invasive or physically intrusive testing of the Properties, including, without being limited to, any sampling in connection with the Phase II environmental assessments of the Properties, or any other investigation that will involve the removal of flooring, making excavations or test borings, disturbance of any plants, trees or shrubs, or any other invasive test or activity (collectively, “Invasive Testing”), then Purchaser shall provide to either Xxxx X. XxXxx or Xxxxx Xxxxx a written request for approval therefor, which Invasive Testing request shall include the nature and scope of the proposed Invasive Testing and the identity of the company or persons by whom it would be performed. Seller shall approve or disapprove, in Seller’s reasonable discretion, any such Invasive Testing request in writing within two (2) Business Days following Seller’s receipt thereof, if received on a Business Day.

Due Diligence Inspections. (a) From and after the Effective Date until the Closing Date or earlier termination of the inspection rights of Purchaser under this Agreement, Seller shall permit Purchaser and its authorized representatives to inspect the PropertiesProperty, to perform due diligence and environmental investigations, to examine the records of Seller with respect to the PropertiesProperty, and make copies thereof, at such times during normal business hours as Purchaser or its representatives may reasonably request. Without limiting the foregoing, such inspections may include the physical condition of the Property, review of the suitability of the Property, environmental testing and assessment, land use and zoning review, utility availability and cost analysis, lease review and credit analysis, and such other matters as Purchaser may deem necessary. All such inspections shall be nondestructive in nature, and specifically shall not include include, without Seller’s prior written consent in its sole and absolute discretion, any physically intrusive testing without the prior written consent of Selleror invasive testing. All such inspections and permitted testing shall be performed in such a manner to minimize any interference with the business of the tenants under the Leases, and, in each case, in compliance with the rights and obligations of Seller as landlord under the LeasesLeases and in compliance with applicable laws. Purchaser shall repair any damage caused by or resulting from notify Seller not less than two (2) Business Days in advance of making any such testinginspection. To the extent Purchaser wishes to conduct tenant interviews or otherwise contact any tenant, or if Purchaser and Purchaser's agents, employees, consultants or other representatives wish to speak with Seller's Improvement service providers/vendors under the Service Contracts (defined below), Purchaser shall coordinate and schedule the same through Seller on not less than two (2) Business Days’ advance written notice to Seller, and shall restore the Properties to the condition in which the same were in before any such testing. Purchaser’s contact with any tenant of the Properties Seller shall be limited permitted to customary tenant interviewshave a representative of Seller accompany Purchaser on such interviews or meetings, and if Seller elects to do the same; it being expressly agreed that Purchaser shall not have the right to interview conduct interviews with the tenants under the Leases without providing Seller or meetings with an opportunity service contractors subject to jointly conduct such interviewthe foregoing. All Except as otherwise expressly provided in this Agreement, all inspection fees, appraisal fees, engineering fees and all other costs and expenses of any kind incurred by Purchaser relating to the inspection of the Properties Property shall be solely Purchaser’s expense. Seller reserves the right to have a representative present at the time of making any such inspection. Purchaser shall notify Seller not less than one (1) Business Day in advance inspection and at the time of making any such inspection. If Purchaser desires to perform interview with any invasive or physically intrusive testing of the Properties, including, without being limited to, any sampling in connection with the Phase II environmental assessments of the Properties, or any other investigation that will involve the removal of flooring, making excavations or test borings, disturbance of any plants, trees or shrubs, or any other invasive test or activity (collectively, “Invasive Testing”), then Purchaser shall provide to either Xxxx X. XxXxx or Xxxxx Xxxxx a written request for approval therefor, which Invasive Testing request shall include the nature and scope of the proposed Invasive Testing and the identity of the company or persons by whom it would be performed. Seller shall approve or disapprove, in Seller’s reasonable discretion, any such Invasive Testing request in writing within two (2) Business Days following Seller’s receipt thereof, if received on a Business Daytenant.

Due Diligence Inspections. (a) From and after the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall permit Purchaser and its authorized representatives to inspect the Properties, Property to perform due diligence and environmental investigations, to examine the records of Seller with respect to the PropertiesProperty, and make copies thereof, at such times during normal business hours as Purchaser or its representatives may request. All Prior to the Effective Date Seller has provided the due diligence materials set forth in Section 3.2(a) in Seller’s possession to Purchaser in electronic format. Unless approved by Seller in writing, such inspections shall be nondestructive in nature, and specifically shall not include any physically p hysically intrusive testing without the prior written consent of Sellertesting. All such inspections and permitted testing shall be performed in such a manner to minimize any interference with the business of the tenants tenant under the Leases, Leases at the Property and, in each case, in compliance with the Seller's rights and obligations of Seller as landlord under the Leases. Purchaser shall repair any damage caused by or resulting from Seller reserves the right to have a representative present at the time of making any such testing, inspection and shall restore tour and at the Properties to time of any interviews with the condition in which the same were in before any such testing. Purchaser’s contact with any tenant of the Properties shall be limited to customary tenant interviews, and Property. Purchaser shall notify Seller not have less than two (2) Business Days in advance of making any such inspection, tour or interview. Purchaser agrees that Purchaser shall make no contact with and shall not interview any tenants of the right to interview Property either in person or on the tenants under telephone without the Leases without providing Seller with an opportunity to jointly conduct such interviewexpress prior approval of Seller, which approval shall not be unreasonably withheld, delayed or conditioned. All inspection fees, appraisal fees, engineering fees and all other costs and expenses of any kind incurred by Purchaser relating to the inspection of the Properties Property shall be solely Purchaser’s 's expense. Seller reserves the right to have a representative present at the time of making any such inspection. Purchaser shall notify Seller not less than one (1) Business Day in advance of making any such inspection. If Purchaser desires to perform any invasive or physically intrusive testing of the Properties, including, without being limited to, any sampling in connection with the Phase II environmental assessments of the Properties, or any other investigation that will involve the removal of flooring, making excavations or test borings, disturbance of any plants, trees or shrubs, or any other invasive test or activity (collectively, “Invasive Testing”), then Purchaser shall provide to either Xxxx X. XxXxx or Xxxxx Xxxxx a written request for approval therefor, which Invasive Testing request shall include the nature and scope of the proposed Invasive Testing and the identity of the company or persons by whom it would be performed. Seller shall approve or disapprove, in Seller’s reasonable discretion, any such Invasive Testing request in writing within two (2) Business Days following Seller’s receipt thereof, if received on a Business Day.

Due Diligence Inspections. (a) From and after the Effective Date until the Closing Date or earlier termination of the inspection rights of Purchaser under this Agreement, Seller shall permit Purchaser and its authorized representatives to inspect the PropertiesProperty, to perform due diligence and environmental investigations, to examine the records of Seller with respect to the PropertiesProperty, and make copies thereof, at such times during normal business hours as Purchaser or its representatives may request. All such inspections shall be nondestructive in nature, and specifically shall not include any physically intrusive testing without testing. After the prior written consent expiration of Sellerthe Inspection Period and the delivery by Purchaser of the Additional Xxxxxx Money to Escrow Agent, Purchaser may show the Property to prospective tenants. All such inspections and permitted testing tours under this Section 3.1(a) shall be performed in such a manner to minimize any interference with the business of the tenants under the Leases, and, in each case, in compliance with the rights and obligations of Seller as landlord under the Leases. Purchaser agrees that Purchaser shall repair any damage caused by or resulting from any such testing, make no contact with and shall restore the Properties to the condition in which the same were in before not interview any such testing. Purchaser’s contact with any tenant tenants of the Properties shall be limited to customary tenant interviewsProperty without the express prior approval of Seller, and Purchaser which approval shall not have the right to interview the tenants under the Leases without providing Seller with an opportunity to jointly conduct such interviewbe unreasonably withheld, delayed or conditioned. All inspection fees, appraisal fees, engineering fees and all other costs and expenses of any kind incurred by Purchaser relating to the inspection of the Properties Property shall be solely Purchaser’s expense. Seller reserves the right to have a representative present at the time of making any such inspectioninspection and tour and at the time of any interviews with the tenants of the Property. Purchaser shall notify Seller not less than one two (12) Business Day Days in advance of making any such inspection. If Purchaser desires to perform any invasive inspection or physically intrusive testing of the Properties, including, without being limited to, any sampling in connection with the Phase II environmental assessments of the Properties, or any other investigation that will involve the removal of flooring, making excavations or test borings, disturbance of any plants, trees or shrubs, or any other invasive test or activity (collectively, “Invasive Testing”), then Purchaser shall provide to either Xxxx X. XxXxx or Xxxxx Xxxxx a written request for approval therefor, which Invasive Testing request shall include the nature and scope of the proposed Invasive Testing and the identity of the company or persons by whom it would be performed. Seller shall approve or disapprove, in Seller’s reasonable discretion, any such Invasive Testing request in writing within two (2) Business Days following Seller’s receipt thereof, if received on a Business Daytour.

Due Diligence Inspections. (a) From and after the Effective Date until the Closing Date or earlier termination of the inspection rights of Purchaser under this Agreement, Seller shall permit Purchaser and its authorized representatives to inspect the PropertiesProperty, to perform due diligence and environmental investigations, to examine the records of Seller with respect to the PropertiesProperty, and make copies thereof, at such times during normal business hours as Purchaser or its representatives may request. All such inspections shall be nondestructive in nature, and specifically shall not include any physically intrusive testing without the except with Seller’s prior written consent, which consent of Sellershall not be unreasonably withheld, conditioned or delayed. All such inspections and permitted testing tours under this Section 3.1(a) shall be performed in such a manner to minimize any interference with the business of the tenants under the Leases, and, in each case, and in compliance with the rights and obligations of Seller as landlord under the Leases. Purchaser agrees that Purchaser shall repair any damage caused by or resulting from any such testing, make no contact with and shall restore not interview the Properties to the condition in which the same were in before any such testing. Purchaser’s contact with any tenant of the Properties shall be limited to customary tenant interviewsProperty without the express prior approval of Seller, and Purchaser which approval shall not have the right to interview the tenants under the Leases without providing Seller with an opportunity to jointly conduct such interviewbe unreasonably withheld, delayed or conditioned. All inspection fees, appraisal fees, engineering fees and all other costs and expenses of any kind incurred by Purchaser relating to the inspection of the Properties Property shall be solely Purchaser’s expense. Seller reserves the right to have a representative present at the time of making any such inspectioninspection and tour and at the time of any interviews with the tenant of the Property. Purchaser shall notify Seller not less than one two (12) Business Day Days in advance of making any such inspection. If Purchaser desires to perform any invasive inspection or physically intrusive testing of the Properties, including, without being limited to, any sampling in connection with the Phase II environmental assessments of the Properties, or any other investigation that will involve the removal of flooring, making excavations or test borings, disturbance of any plants, trees or shrubs, or any other invasive test or activity (collectively, “Invasive Testing”), then Purchaser shall provide to either Xxxx X. XxXxx or Xxxxx Xxxxx a written request for approval therefor, which Invasive Testing request shall include the nature and scope of the proposed Invasive Testing and the identity of the company or persons by whom it would be performed. Seller shall approve or disapprove, in Seller’s reasonable discretion, any such Invasive Testing request in writing within two (2) Business Days following Seller’s receipt thereof, if received on a Business Daytour.

Due Diligence Inspections. (a) From and after the Effective Date until the Closing Date or earlier termination of the inspection rights of Purchaser under this Agreement, Seller shall permit Purchaser and its authorized representatives to inspect the PropertiesProperty, to perform due diligence and environmental investigations, to examine the records of Seller with respect to the PropertiesProperty, and make copies thereof, at such times during normal business hours as Purchaser or its representatives may request. All such inspections shall be nondestructive in nature, and specifically shall not include any physically intrusive testing without the prior written consent of Sellertesting. All such inspections and permitted testing tours under this Section 3.1(a) shall be performed in such a manner so as not to minimize any interference unreasonably interfere with the business of the tenants tenant under the LeasesLease, and, in each case, and in compliance with the rights and obligations of Seller as landlord under the LeasesLease. Purchaser agrees that Purchaser shall repair not initiate any damage caused by or resulting from any such testing, contact with and shall restore not interview the Properties to the condition in which the same were in before any such testing. Purchaser’s contact with any tenant of the Properties shall be limited to customary tenant interviewsProperty without the express prior approval of Seller, and Purchaser which approval shall not have the right to interview the tenants under the Leases without providing Seller with an opportunity to jointly conduct such interviewbe unreasonably withheld, delayed or conditioned. All inspection fees, appraisal fees, engineering fees and all other costs and expenses of any kind incurred by Purchaser relating to the inspection of the Properties Property shall be solely Purchaser’s expense. Seller reserves the right to have a representative present at the time of making any such inspectioninspection and tour and at the time of any interviews with the tenant of the Property. Purchaser shall notify Seller not less than one two (12) Business Day Days in advance of making any such inspection. If Purchaser desires to perform any invasive inspection or physically intrusive testing of the Properties, including, without being limited to, any sampling in connection with the Phase II environmental assessments of the Properties, or any other investigation that will involve the removal of flooring, making excavations or test borings, disturbance of any plants, trees or shrubs, or any other invasive test or activity (collectively, “Invasive Testing”), then Purchaser shall provide to either Xxxx X. XxXxx or Xxxxx Xxxxx a written request for approval therefortour, which Invasive Testing request shall include the nature and scope of the proposed Invasive Testing and the identity of the company notice may be given by telephone or persons by whom it would be performed. Seller shall approve e-mail to Xxxxx Xxxxxxxx at 000-000-0000 or disapprove, in Seller’s reasonable discretion, any such Invasive Testing request in writing within two (2) Business Days following Seller’s receipt thereof, if received on a Business Dayxxxxx.xxxxxxxx@xxxxxxxx.xxx.

Due Diligence Inspections. (a) From and after the Effective Date until the Closing Date or earlier termination of the inspection rights of Purchaser under this Agreement, Seller shall permit Purchaser and its authorized representatives to inspect the PropertiesProperty, to perform due diligence and environmental investigations, to examine the records of Seller with respect to the PropertiesProperty, and make copies thereof, at such times during normal business hours as Purchaser or its representatives may request. All such inspections shall be nondestructive in nature, and specifically shall not include include, without Seller’s prior written consent in its sole and absolute discretion, any physically intrusive testing without the prior written consent of Sellertesting. All such inspections and permitted testing shall be performed in such a manner to minimize any interference with the business of the tenants under the Leases, and, in each case, in compliance with the rights and obligations of Seller as landlord under the Leases. Purchaser agrees that Purchaser shall repair make no contact with and shall not interview any damage caused by or resulting from any such testingtenants without Seller’s prior written consent, and shall restore the Properties on not less than two (2) Business Days’ advance written notice to the condition in which the same were in before any such testing. Purchaser’s contact with any tenant of the Properties shall be limited to customary tenant interviews, and Purchaser shall not have the right to interview the tenants under the Leases without providing Seller with an opportunity to jointly conduct such interviewSeller. All inspection fees, appraisal fees, engineering fees and all other costs and expenses of any kind incurred by Purchaser relating to the inspection of the Properties Property shall be solely Purchaser’s expense. Seller reserves the right to have a representative present at the time of making any such inspectioninspection and at the time of any such interview with any tenant. Purchaser shall notify Seller not less than one (1) Business Day in advance of making any such inspection. If Purchaser desires to perform any invasive or physically intrusive testing of the Properties, including, without being limited to, any sampling in connection with the Phase II environmental assessments of the Properties, or any other investigation that will involve the removal of flooring, making excavations or test borings, disturbance of any plants, trees or shrubs, or any other invasive test or activity (collectively, “Invasive Testing”), then Purchaser shall provide to either Xxxx X. XxXxx or Xxxxx Xxxxx a written request for approval therefor, which Invasive Testing request shall include the nature and scope of the proposed Invasive Testing and the identity of the company or persons by whom it would be performed. Seller shall approve or disapprove, in Seller’s reasonable discretion, any such Invasive Testing request in writing within two (2) Business Days following Seller’s receipt thereof, if received on a Business Day.

Due Diligence Inspections. (a) From and after the Effective Date until the Closing Date or earlier termination of the inspection rights of Purchaser under this Agreement, Seller shall permit Purchaser and its authorized representatives to inspect the PropertiesProperty, to perform due diligence and environmental investigations, to examine the records of Seller with respect to the PropertiesProperty, and make copies thereof, at such times during normal business hours as Purchaser or its representatives may request. All such inspections shall be nondestructive in nature, and specifically shall not include any physically intrusive testing without the prior written consent of Sellertesting. All such inspections and permitted testing shall be performed in such a manner to minimize any interference with the business of the tenants tenant under the LeasesLease, and, in each case, in compliance with the rights and obligations of Seller as landlord under the LeasesLease. Purchaser agrees that Purchaser shall repair any damage caused by or resulting from any such testing, make no contact with and shall restore the Properties to the condition in which the same were in before any such testing. Purchaser’s contact with any tenant of the Properties shall be limited to customary tenant interviews, and Purchaser shall not have the right to interview the tenants tenant under the Leases Lease without providing Seller with an opportunity to jointly conduct such interviewthe express prior consent of Seller, which consent may be given verbally. All inspection fees, appraisal fees, engineering fees and all other costs and expenses of any kind incurred by Purchaser relating to the inspection of the Properties Property shall be solely Purchaser’s expense. Seller reserves the right to have a representative present at the time of making any such inspection. Purchaser shall notify Seller or Seller’s agent, which notification may be given verbally, not less than one two (12) Business Day Days in advance of making any such inspection. If Purchaser desires to perform any invasive or physically intrusive testing of the Properties, including, without being limited to, any sampling in connection with the Phase II environmental assessments of the Properties, or any other investigation that will involve the removal of flooring, making excavations or test borings, disturbance of any plants, trees or shrubs, or any other invasive test or activity (collectively, “Invasive Testing”), then Purchaser shall provide to either Xxxx X. XxXxx or Xxxxx Xxxxx a written request for approval therefor, which Invasive Testing request shall include the nature and scope of the proposed Invasive Testing and the identity of the company or persons by whom it would be performed. Seller shall approve or disapprove, in Seller’s reasonable discretion, any such Invasive Testing request in writing within two (2) Business Days following Seller’s receipt thereof, if received on a Business Day.