Common use of Entry and Inspection Obligations Clause in Contracts

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs.

Appears in 4 contracts

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Preferred Apartment Communities Inc)

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Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller Sellers or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller Sellers covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller Sellers a certificate of insurance verifying such coverage and Seller Sellers and its their property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs.

Appears in 4 contracts

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Preferred Apartment Communities Inc)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s 's rights under this Article V; interview communicate with the Tenants or service providers except without Seller's prior written consent as provided in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties's organization, and only except in accordance with the confidentiality standards set forth in Section 5.2(b)) and Article XII. Purchaser will: (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including contractual indemnity coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) and amounts satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs. Nothing contained in this Section 5.3 shall be deemed or construed as Seller's consent to any further physical testing or sampling with respect to the Property after the date hereof.

Appears in 2 contracts

Samples: Agreement of Sale and Purchase (Maguire Properties Inc), Agreement of Sale and Purchase (Maguire Properties Inc)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon the Real Property or Improvements and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably (i) disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably (ii) interfere with the operation and maintenance of the Property; (iii) damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; (iv) injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; (v) permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; (vi) interview the or communicate with any Tenants or service providers except in accordance with this Article VSection 5.1(b); or (vii) reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Partiesorganization, and only except in accordance with the confidentiality standards set forth in Section 5.2(b)) and Article XII. Purchaser will: (i) maintain and cause those entering the Real Property or Improvements to maintain commercial comprehensive general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including contractual indemnity coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) and amounts satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the PropertyReal Property and Improvements, and and, prior to any entry upon the Real Property or Improvements, deliver to Seller a certificate of insurance verifying such coverage and verifying that Seller and its property manager (Xxxxxxxxxx Realty Investors) being is named as an additional insured on such coverage prior to entry upon the Propertycoverage; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs. Nothing contained in this Section 5.3 shall be deemed or construed as Seller’s consent to any further physical testing or sampling with respect to the Property after the date hereof.

Appears in 2 contracts

Samples: Agreement of Sale and Purchase (KBS Real Estate Investment Trust II, Inc.), Agreement of Sale and Purchase (KBS Real Estate Investment Trust II, Inc.)

Entry and Inspection Obligations. (a) Purchaser BKP agrees that in entering upon and inspecting or examining the Property and communicating with any TenantsProperty, Purchaser BKP and the other Licensee Parties will not: (i) comply with any reasonable requirements or guidelines imposed or established by Contributor consistent with the other terms hereof, and (ii) shall not unreasonably disturb the Tenants or unreasonably interfere with their the use of the Property pursuant to their respective Tenant the Leases; shall not unreasonably interfere with the operation and maintenance of the PropertyReal Property or Improvements, it being understood and agreed that site visits, inspections and “walk-throughs” do not constitute unreasonable interference or disturbance per se; damage any part of the Property or any personal property owned or held by any Tenant the Tenants or any other person or entity; not injure or otherwise cause bodily harm to Seller or any TenantContributor, the Tenants or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; not permit any liens to attach to the Property by reason of the exercise of PurchaserBKP’s rights under this Article V; interview the Tenants or service providers except in accordance with this Article V; or not reveal or disclose any information obtained from Contributor or the Broker (or as a result of inspections) concerning the Property and the Documents to anyone outside PurchaserBKP’s organization and the Permitted Outside Partiesorganization, and only except in accordance with the confidentiality standards terms set forth in Section 5.2(b)) and Article XII. Purchaser BKP will: (i) , and shall cause its Licensee Parties to, maintain and cause those entering the Property to maintain commercial comprehensive general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms and in amounts reasonably satisfactory to Contributor and workers’ compensation insurance in statutory limits to the extent BKP or any Licensee Party performs any physical inspection or sampling at the Real Property in accordance with Section 5.1. In each case (including coverage for an “insured contract” other than with respect to the indemnity in Section 5.3(bworker’s compensation insurance)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, such policies shall insure Contributor, BKP, Contributor’s property manager, and such other parties as Contributor shall reasonably request, and BKP shall deliver to Seller a certificate Contributor evidence of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the Real Property; . BKP shall also (iii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties inspections and examinations done with regard to the Property; (ii) cause all inspections to be conducted in accordance with standards customarily employed in the industry and in compliance with all Governmental Regulations; (iii) upon termination of this Agreement other than by reason of Contributor’s default, at Contributor’s written request, promptly restore furnish to Contributor copies of any third party studies, reports or test results received by BKP regarding the Property to its condition as existed immediately prior to in connection with any such inspection, investigations, examinations, entries, samplings inspections; and tests, but in no event later than ten (10iv) days after repair any damage to the damage occursReal Property and Improvements resulting from any such entry upon the Real Property and inspection or examination by BKP.

Appears in 2 contracts

Samples: Contribution Agreement (Alexanders Inc), Contribution Agreement (Macerich Co)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably not disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: will (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs. Nothing contained in this Section 5.3 shall be deemed or construed as Seller’s consent to any further physical testing or sampling with respect to the Property after the Property Approval Period.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably not disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: will (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Five Million and No/100 Dollars ($2,000,000.005,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with conducting any TenantsInspections, Purchaser and the other Licensee Parties will not: (i) unreasonably disturb the Tenants Occupants or unreasonably interfere with their use of the Property pursuant to their respective Tenant LeasesProperty; (ii) unreasonably or materially interfere with the operation and maintenance of the PropertyReal Property or Improvements; (iii) damage any part of the Property or any personal property owned or held by any Tenant Occupant or any other person or entityentity (except for such damage incident to Purchaser’s or any Licensee Parties’ activities on the Property that is repaired by Purchaser); (iv) injure or otherwise cause bodily harm to Seller or any TenantOccupant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; (v) permit any liens to attach to the Real Property by reason of the exercise of Purchaser’s rights under this Article V; interview the Tenants (vi) communicate with any Occupants, Authorities, or service providers except without prior written notice as provided in accordance with this Article V; or (vii) reveal or disclose any information obtained Confidential Information concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Partiesorganization, and only except in accordance with the confidentiality standards set forth in Section 5.2(b)) and Article XII. Purchaser will: (ix) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller 5,000,000 covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the PropertyReal Property or the Improvements, and deliver to Seller a certificate of insurance verifying such coverage and to Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the PropertyReal Property or Improvements; (iiy) promptly pay when due the costs of all inspections, entries, samplings entry and tests conducted by Purchaser and/or any Licensee Parties and examinations Inspections done with regard to the Property; and (iiiz) promptly restore repair any damage to the Real Property to its condition as existed immediately prior to and Improvements caused by any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after entry upon the damage occursReal Property.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Safeco Corp)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenantsthe Tenant, Purchaser and the other Licensee Parties will take all reasonable steps necessary to not: unreasonably disturb the Tenants Tenant or unreasonably interfere with their its use of the Property pursuant to their respective the Tenant LeasesLease; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any the Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers Tenant except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only except in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: (i) maintain and or cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) reasonably satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings samplings, tests and tests examinations conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but . Nothing contained in no event later than ten (10) days this Section 5.3 shall be deemed or construed as Seller’s consent to any further physical testing or sampling with respect to the Property after the damage occursdate hereof.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Cole Office & Industrial REIT (CCIT II), Inc.)

Entry and Inspection Obligations. (a) 17. Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) reasonably satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs. Nothing contained in this Section 5.3 shall be deemed or construed as Seller's consent to any further physical testing or sampling with respect to the Property after the Property Approval Period.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (HGR Liquidating Trust)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property Properties and communicating with any Tenants, Purchaser and the other Licensee Parties will take all reasonable steps necessary to not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property Properties pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the PropertyProperties; damage any part of the Property Properties or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller Sellers or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property Properties by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers except in accordance with this Article V; or prior to Closing, reveal or disclose any information obtained concerning the Property Properties and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only except in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: (i) maintain and cause those entering the Property Properties to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) reasonably satisfactory to Seller Sellers covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the PropertyProperties, and deliver to Seller Sellers a certificate of insurance verifying such coverage and Seller Sellers and its their property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured on such coverage prior to entry upon the PropertyProperties; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the PropertyProperties; and (iii) promptly restore the Property Properties to its their condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property 18 or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs. Nothing contained in this Section 5.3 shall be deemed or construed as Seller’s consent to any further physical testing or sampling with respect to the Property after the Financing Approval Period.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property Properties and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably not knowingly disturb the Tenants or unreasonably interfere with their use of the Property Properties pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the PropertyProperties; damage any part of the Property Properties or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller the Seller, the Target, the Owners, or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property Properties by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property Properties and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: (i) maintain and or cause those entering the Property Properties to maintain commercial general liability (occurrence) insurance in an amount not less than Two Five Million and No/100 Dollars ($2,000,000.005,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the PropertyProperties, and deliver to Seller a certificate of insurance verifying such coverage and Seller the Seller, the Target, the Owners, and its the property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured on such coverage prior to entry upon the PropertyProperties; (ii) comply with all Tenant security processes and procedures with respect to which Purchaser is notified in advance, (iii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the PropertyProperties; and (iiiiv) promptly restore the Property Properties to its substantially their condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs. Nothing contained in this Section 5.3 shall be deemed or construed as Seller’s consent to any further physical testing or sampling with respect to the Properties after the Property Approval Period.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any TenantsProperty, Purchaser and the other Licensee Parties will shall not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; (i) unreasonably interfere with the operation and maintenance of the Property; (ii) damage any part of the Property or any personal property owned or held by any Tenant Seller or any other person or entity; (iii) injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective its agents, guests, invitees, contractors and employees, or to any other person or entity; (iv) permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview the Tenants or service providers except in accordance with this Article V; or (v) reveal or disclose the Due Diligence Materials or any other documents, materials or other information obtained concerning the Property and the Documents or Seller to anyone outside Purchaser’s organization and the Permitted Outside Partiesorganization, and only except in accordance with the confidentiality standards set forth in Section 5.2(b)) and Article XII or applicable law. Purchaser willshall also: (iI) maintain and cause those entering the Property to maintain commercial general liability insurance issued by a financially responsible insurance company (occurrenceat least an A- / VII rating in the most recent edition of Best’s Insurance Guide) insurance in an amount not having limits of no less than Two Million and No/100 Dollars $2,000,000.00 per occurrence ($2,000,000.00) inclusive of excess umbrella coverage), and on terms (including contractual indemnity coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) and in amounts satisfactory to Seller covering any accident matter arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and that names Seller as an additional insured; prior to any entry onto the Property, Purchaser shall deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the Propertycoverage; (iiII) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iiiIII) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten five (105) days after the damage occurs. All insurance required pursuant to clause (II) of the immediately preceding sentence shall be primary in relation to any insurance carried by Seller, shall contain a 20289493.10 13 full waiver of subrogation clause, and shall be written on an occurrence (and not a claims made) basis.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Allegiant Travel CO)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside PartiesParties prior to Closing, except to the extent required by law or in connection with any litigation, and only in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Five Million and No/100 Dollars ($2,000,000.005,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as nearly as possible as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably not disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: will (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Five Million and No/100 Dollars ($2,000,000.005,000,000.00) (which may be issued through a combination of primary and umbrella coverage) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller Sellers or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: (i) maintain and cause those entering the Property under the auspices of Purchaser to maintain commercial general liability (occurrence) insurance in an amount not less than Two Three Million and No/100 Dollars ($2,000,000.003,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller Sellers covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller Sellers a certificate of insurance verifying such coverage and Seller Sellers and its their property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured insureds on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs. Nothing contained in this Section 5.3 shall be deemed or construed as Sellers’ consent to any further physical testing or sampling with respect to the Property after the Final Due Diligence Period.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (HGR Liquidating Trust)

Entry and Inspection Obligations. (ag) Purchaser The Partnership agrees that in entering upon and inspecting or examining the Property and communicating with any TenantsProperty, Purchaser the Partnership and the other Licensee Parties will not: (i) comply with any reasonable requirements or guidelines imposed or established by Contributor consistent with the other terms hereof, and (ii) shall not (A) unreasonably disturb the Tenants or other occupants or unreasonably interfere with their the use of the Property pursuant to their respective Tenant Leasesthe Leases or the Operating Agreement; (B) unreasonably interfere with the construction, renovation, operation and maintenance of the PropertyReal Property or Improvements; (C) damage any part of the Property or any personal property owned or held by any Tenant the Tenants or any other person or entityPerson; (D) injure or otherwise cause bodily harm to Seller or any TenantContributor, the Tenants or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; (E) permit any liens to attach to the Property by reason of the exercise of Purchaserthe Partnership’s rights under this Article V; interview the Tenants or service providers except in accordance with this Article V; or (F) reveal or disclose any non-public information obtained from Contributor or its agents or employees (or as a result of inspections) concerning the Property and the Documents to anyone outside Purchaserthe Partnership’s organization and the Permitted Outside Partiesorganization, and only except in accordance with the confidentiality standards terms set forth in Section 5.2(b)Sections 5.1 and 5.3(b) and Article XII. Purchaser The Partnership will: (i) maintain , and shall cause those entering the Property to its Licensee Parties to, maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms and in amounts reasonably satisfactory to Contributor and workers’ compensation insurance in statutory limits to the extent the Partnership or any Licensee Party performs any physical inspection or sampling at the Real Property in accordance with Section 5.1. In each case (including coverage for an “insured contract” other than with respect to workers’ compensation insurance), such policies shall insure Contributor, the indemnity in Section 5.3(b)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the PropertyPartnership, Contributor’s property manager, and such other parties as Contributor shall reasonably request, and the Partnership shall deliver to Seller a certificate Contributor evidence of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the Real Property; . The Partnership shall also (ii1) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties inspections and examinations done conducted with regard to the Property; (2) cause all such inspections to be conducted in accordance with standards customarily employed in the industry and in compliance with all Governmental Regulations; (3) upon termination of this Agreement other than by reason of Contributor’s default, at Contributor’s written request, promptly furnish to Contributor copies of any written third-party studies, reports or test results received by the Partnership regarding the Property in connection with any such inspections; and (iii4) promptly restore repair any damage to the Real Property to its condition as existed immediately prior to and Improvements resulting from any such inspection, investigations, examinations, entries, samplings entry upon the Real Property and tests, but in no event later than ten (10) days after inspection or examination by the damage occursPartnership.

Appears in 1 contract

Samples: Contribution Agreement (Pennsylvania Real Estate Investment Trust)

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Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Partiesorganization, and only except in accordance with the confidentiality standards set forth in Section 5.2(b)) and Article XII. Purchaser will: (i) maintain and cause those entering the Property to maintain commercial comprehensive general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including contractual indemnity coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller in an amount of not less than $2,000,000.00 covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its substantially the same condition as existed was in existence immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Wells Real Estate Investment Trust Ii Inc)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers except as provided in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Partiesorganization, and only except in accordance with the confidentiality standards set forth in Section 5.2(b)) and Article XII. Purchaser will: (i) maintain and cause those entering the Property to maintain commercial comprehensive general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including contractual indemnity coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) and amounts (not to exceed $1,000,000) reasonably satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done on behalf of Purchaser with regard to the Property; and (iii) promptly restore the Property to substantially its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten thirty (1030) days after the damage occurs. Nothing contained in this Section 5.3 shall be deemed or construed as Seller’s consent to any further physical testing or sampling with respect to the Property after the date hereof.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Cb Richard Ellis Realty Trust)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably not disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller Sellers or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Partiesorganization, and only in accordance with the confidentiality standards set forth in Section 5.2(b)the Confidentiality Agreement. Purchaser will: will (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller Sellers a certificate of insurance verifying such coverage and Seller Sellers and its their property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenantsthe Tenant, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants Tenant or unreasonably interfere with their its use of the Property pursuant to their respective the Tenant LeasesLease; unreasonably interfere with the operation and maintenance of the PropertyReal Property or Improvements; damage any part of the Property Real Property, the Improvements, or any personal property owned or held by any the Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any the Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Real Property by reason of the exercise of Purchaser’s 's rights under this Article V; interview communicate with the Tenants or service providers except as provided in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties's organization, and only except in accordance with the confidentiality standards set forth in Section 5.2(b)) and Article XII. If testing or sampling are consented to by Seller, Purchaser, at its sole cost, shall promptly repair and/restore the Property. In connection with Purchaser's inspections, examinations, and testing or sampling to the extent consented to by Seller, of the Property, Purchaser will: (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) and amounts reasonably satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the PropertyReal Property or Improvements, and deliver to Seller a certificate of insurance verifying such coverage and to Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the PropertyReal Property or Improvements; (ii) promptly pay when due the fees and costs of all entry and inspections, entriesexaminations, samplings and tests conducted consented to testing or sampling done by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Real Property, the Improvements, and the Personal Property to its the condition in which the same were found before any such entry upon the Real Property and inspection, examination, consented to testing or sampling was undertaken. Nothing contained in this Section 5.3 shall be deemed or construed as existed immediately prior Seller's consent to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after physical testing or sampling with respect to the damage occurs.Property without compliance with the provisions of this Article V.

Appears in 1 contract

Samples: Sale and Purchase (Imclone Systems Inc/De)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenantsthe Tenant, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants or unreasonably interfere with their any Tenant's use of the Property pursuant to their respective its Tenant LeasesLease; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant the Tenants or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenantthe Tenants, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s 's rights under this Article V; interview communicate with the Tenants or service providers except without first coordinating such communications through Seller and without first giving Seller the right to participate in accordance with this Article Vany such communications; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties's organization, and only except in accordance with the confidentiality standards set forth in Section 5.2(b)) and Article XII. Purchaser will: (i) maintain and cause those entering the Property to maintain commercial comprehensive general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including contractual indemnity coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) and amounts satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspectioninspections, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs. Nothing contained in this Section 5.3 shall be deemed or construed as Seller's consent to any further physical testing or sampling with respect to the Property after the date hereof.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Franklin Street Properties Corp /Ma/)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will take all reasonable steps necessary to not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers except in accordance with this Article V; or prior to Closing, reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only except in accordance with the confidentiality standards set forth in Section 5.2(b)5.2. Purchaser will: (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to substantially its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any TenantsProperty, Purchaser and the other Licensee Parties will not: (i) comply with any reasonable requirements or guidelines imposed or established by Seller consistent with the other terms hereof, and (ii) shall not unreasonably disturb the Tenants or unreasonably interfere with their the use of the Property pursuant to their respective Tenant the Leases; shall not unreasonably interfere with the operation and maintenance of the PropertyReal Property or Improvements, it being understood and agreed that site visits, inspections and “walk-throughs” do not constitute unreasonable interference or disturbance per se; damage any part of the Property or any personal property owned or held by any Tenant the Tenants or any other person or entity; not injure or otherwise cause bodily harm to Seller or any TenantSeller, the Tenants or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; not permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview the Tenants or service providers except in accordance with this Article V; or not reveal or disclose any information obtained from Seller or the Broker (or as a result of inspections) concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Partiesorganization, and only except in accordance with the confidentiality standards terms set forth in Section 5.2(b)) and Article XII. Purchaser will: (i) , and shall cause its Licensee Parties to, maintain and cause those entering the Property to maintain commercial comprehensive general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms and in amounts reasonably satisfactory to Seller and workers’ compensation insurance in statutory limits to the extent Purchaser or any Licensee Party performs any physical inspection or sampling at the Real Property in accordance with Section 5.1. In each case (including coverage for an “insured contract” other than with respect to the indemnity in Section 5.3(bworker’s compensation insurance)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, such policies shall insure Seller, Purchaser, Seller’s property manager, and such other parties as Seller shall reasonably request, and Purchaser shall deliver to Seller a certificate evidence of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs.Real

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Macerich Co)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with conducting any TenantsInspections, Purchaser and the other Licensee Parties will not: (i) unreasonably disturb the Tenants Occupants or unreasonably interfere with their use of the Property pursuant to their respective Tenant LeasesProperty; (ii) unreasonably or materially interfere with the operation and maintenance of the PropertyReal Property or Improvements; (iii) damage any part of the Property or any personal property owned or held by any Tenant Occupant or any other person or entityentity (except for such damage incident to Invasive Testing that is repaired by Purchaser as provided in Section 5.1 (a)); (iv) injure or otherwise cause bodily harm to Seller or any TenantOccupant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; (v) permit any liens to attach to the Real Property by reason of the exercise of Purchaser’s rights under this Article V; interview the Tenants (vi) communicate with any Occupants, Authorities, or service providers except without prior written notice as provided in accordance with this Article V; or (vii) reveal or disclose any information obtained Confidential Information concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Partiesorganization, and only except in accordance with the confidentiality standards set forth in Section 5.2(b)) and Article XII. Purchaser will: (ix) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance or self insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller 5,000,000 covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the PropertyReal Property or the Improvements, and deliver to Seller a certificate of insurance verifying such coverage and to Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the PropertyReal Property or Improvements; (iiy) promptly pay when due the costs of all inspections, entries, samplings entry and tests conducted by Purchaser and/or any Licensee Parties and examinations Inspections done with regard to the Property; and (iiiz) promptly restore repair any damage to the Real Property to its condition as existed immediately prior to and Improvements caused by any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after entry upon the damage occursReal Property.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Safeco Corp)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s 's rights under this Article V; interview communicate with the Tenants or service providers except without Seller's prior written consent as provided in accordance with this Article V; or or, subject to the provisions of Section 17.16, reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties's organization, and only except in accordance with the confidentiality standards set forth in Section 5.2(b)) and Article XII. Purchaser will: (i) maintain and cause those entering the Property to maintain commercial comprehensive general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including contractual indemnity coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) and amounts satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty Investors) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs. Nothing contained in this Section 5.3 shall be deemed or construed as Seller's consent to any further physical testing or sampling with respect to the Property after the date hereof.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Behringer Harvard Reit I Inc)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any TenantsProperty, Purchaser and the other Licensee Parties will shall not: unreasonably (i) disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant LeasesLeases in any material respect; unreasonably (ii) disturb Seller or its Affiliates, as occupants of the Property, or interfere with their use of the Property in any material respect, (iii) interfere with the operation and maintenance of the PropertyProperty in any material respect; (iv) damage any part of the Property or any personal property owned or held by Seller, Office Owner, Amenities Owner, any Tenant or any other person or entityPerson in any material respect; (v) injure or otherwise cause bodily harm to Seller Seller, Amenities Owner or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entityPerson; (vi) permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview the Tenants or service providers except in accordance with this Article V(vii) intentionally omitted; or (viii) reveal or disclose any information obtained concerning the Property and Property, the Sale Interests, any Group Company or the Documents to anyone outside Purchaser’s organization and the Permitted Outside Partiesorganization, and only except in accordance with the confidentiality standards set forth in Section 5.2(b)) and Article XII. Purchaser willshall: (ix) maintain and or cause those to be maintained (including by Licensee Parties entering the Property to maintain perform invasive testing or invasive physical investigations, none of which invasive testing or investigations shall be performed without Seller’s prior written consent, which consent shall be deemed granted if such testing or investigations are required by any Refinancing Source) commercial general liability (occurrence) insurance covering personal injury, death and/or property damage occurring in an amount not less than Two Million or about the Property as a result of the entry into the Property by Purchaser and No/100 Dollars ($2,000,000.00) and other Licensee Parties on terms (including contractual indemnity coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) and in amounts reasonably satisfactory to Seller covering any accident arising in connection (it being agreed that such insurance with the presence or activities a combined single limit of Purchaser or the other Licensee Parties on the Propertyat least $5,000,000 (including umbrella liability insurance) is deemed satisfactory to Seller) and workers’ compensation insurance for such parties as may be required by law, and deliver to Seller a certificate of insurance verifying such coverage and Seller (and its property manager (Xxxxxxxxxx Realty Investorsany Group Company designated by Seller) being named as an additional insured on such liability coverage prior to entry upon the Property; (iiy) promptly pay when due the costs of all such inspections, investigations, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iiiz) promptly restore the Property to its condition as existed immediately prior to any such inspectioninspections, investigations, examinations, entries, samplings and testsexaminations, but in no event later than ten (10) days after the damage occursoccurs (or as soon as reasonably practicable thereafter if such restoration cannot be completed in such ten day period with reasonable diligence, provided Purchaser has commenced such restoration during such ten day period and thereafter continues to complete such restoration with reasonable diligence).

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (New York REIT, Inc.)

Entry and Inspection Obligations. (a) Purchaser agrees that in entering upon and inspecting or examining the Property and communicating with any Tenants, Purchaser and the other Licensee Parties will not: unreasonably disturb the Tenants or unreasonably interfere with their use of the Property pursuant to their respective Tenant Leases; unreasonably interfere with the operation and maintenance of the Property; damage any part of the Property or any personal property owned or held by any Tenant or any other person or entity; injure or otherwise cause bodily harm to Seller or any Tenant, or to any of their respective agents, guests, invitees, contractors and employees, or to any other person or entity; permit any liens to attach to the Property by reason of the exercise of Purchaser’s rights under this Article V; interview communicate with the Tenants or service providers except in accordance with this Article V; or reveal or disclose any information obtained concerning the Property and the Documents to anyone outside Purchaser’s organization and the Permitted Outside Parties, and only in accordance with the confidentiality standards set forth in Section 5.2(b). Purchaser will: (i) maintain and cause those entering the Property to maintain commercial general liability (occurrence) insurance in an amount not less than Two Million and No/100 Dollars ($2,000,000.00) and on terms (including coverage for an “insured contract” with respect to the indemnity in Section 5.3(b)) satisfactory to Seller covering any accident arising in connection with the presence or activities of Purchaser or the other Licensee Parties on the Property, and deliver to Seller a certificate of insurance verifying such coverage and Seller and its property manager (Xxxxxxxxxx Realty InvestorsXxxxx Interests Limited Partnership) being named as an additional insured on such coverage prior to entry upon the Property; (ii) promptly pay when due the costs of all inspections, entries, samplings and tests conducted by Purchaser and/or any Licensee Parties and examinations done with regard to the Property; and (iii) promptly restore the Property to its condition as close as is reasonably comparable to the condition as existed immediately prior to any such inspection, investigations, examinations, entries, samplings and tests, but in no event later than ten (10) days after the damage occurs.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

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