Common use of Physical Inspections Clause in Contracts

Physical Inspections. After Buyer has provided to Seller a certificate(s) of insurance evidencing commercial general liability insurance coverage for the activities of Buyer and Buyer's Representatives as required herein, Seller shall permit Buyer and Buyer's Representatives to enter upon the Property during reasonable business hours on Business Days prior to the Closing or any earlier termination of this Agreement to make and perform such non-invasive physical environmental evaluations, and other non-invasive physical inspections, investigations, tests and studies of the physical condition of the Property as Buyer may elect to make or obtain in Buyer’s sole and absolution discretion, and such other invasive physical inspections, investigations, tests and studies as may be consented to by Seller in its sole and absolute discretion subject to and in accordance with this Section 4.1.2. Buyer shall maintain, and shall ensure that Buyer's Representatives maintain, public liability insurance coverage insuring against any liability arising out of any entry, inspections, investigations, tests or studies of the Property pursuant to the provisions hereof. Such insurance coverage maintained by Buyer and Buyer's Representatives shall be in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate for injury to or death of one or more persons in an occurrence and for damage to tangible property (including loss of use) in an occurrence. The insurance coverage maintained by Buyer shall (a) name Seller and Seller's property manager as additional insureds, and (b) contain a provision that "the insurance provided by Buyer hereunder shall be primary and non-contributing with any other insurance available to Seller." Notwithstanding anything to the contrary contained in this Agreement, Buyer shall not be permitted to undertake any invasive, intrusive or destructive investigation, testing or study of the Property, including a "Phase II" environmental assessment, without in each instance first obtaining Seller's written consent thereto, which consent Seller may give, withhold or condition in Seller's sole and absolute discretion, provided that Buyer may perform customary testing for Radon at the property. Prior to any entry onto the Property (and on each and every occasion), Buyer shall deliver to Seller prior written notice (which may be via email without requirement for secondary form of delivery), not less than twenty-four (24) hours prior to such entry, and Seller shall have the right to have a representative of Seller present to accompany Buyer or Buyer's Representatives while any inspections, investigations, tests or studies of the Property are made or performed. If requested by Seller, Buyer shall provide Seller the identity of the company or party(s) who will perform such inspections, investigations, tests or studies and the proposed scope of the inspections, investigations, tests or studies. Buyer’s right of inspection hereunder shall be subject to the provisions of Section 4.6 of this Agreement.

Physical Inspections. Within five (5) days following the Agreement Date, but only to the extent same is in Seller's possession or reasonably accessible to Seller shall deliver to Buyer, without any warranty or representation as to the accuracy thereof or to the ability of Buyer to rely thereon, a copy of the most recent environmental site assessment report with respect to an evaluation of Hazardous Materials (hereafter defined) in, on or under the Property. After Buyer has provided to Seller a certificate(s) certificate of insurance evidencing Buyer's procurement of a commercial general liability insurance coverage policy with a combined single limit for the activities of Buyer property damage and Buyer's Representatives as required herein, Seller shall permit Buyer and Buyer's Representatives to enter upon the Property during reasonable business hours on Business Days prior to the Closing or any earlier termination of this Agreement to make and perform such non-invasive physical environmental evaluations, and other non-invasive physical inspections, investigations, tests and studies of the physical condition of the Property as Buyer may elect to make or obtain in Buyer’s sole and absolution discretion, and such other invasive physical inspections, investigations, tests and studies as may be consented to by Seller in its sole and absolute discretion subject to and in accordance with this Section 4.1.2. Buyer shall maintain, and shall ensure that Buyer's Representatives maintain, public liability insurance coverage insuring against any liability arising out of any entry, inspections, investigations, tests or studies of the Property pursuant to the provisions hereof. Such insurance coverage maintained by Buyer and Buyer's Representatives shall be bodily injury in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate for injury under which Seller is named as an additional insured. Buyer and its authorized agents shall have a license to or death make and perform such environmental evaluations, and other inspections and investigations of one or more persons in an occurrence and for damage to tangible property (including loss the physical condition of use) in an occurrencethe Property. The aforementioned insurance coverage maintained may be obtained under a blanket policy carried by Buyer shall (a) name Seller and Seller's property manager as additional insureds, and (b) contain a provision that "Buyer. Notwithstanding the insurance provided by Buyer hereunder shall be primary and non-contributing with any other insurance available to Seller." Notwithstanding anything to the contrary contained in this Agreementforegoing, Buyer shall not be permitted to undertake any invasive, intrusive or destructive investigation, testing or study of the Property, including without limitation a "Phase II" environmental assessment, without in each instance first obtaining Seller's written consent thereto, which consent Seller may give, give or withhold or condition in Seller's sole and absolute discretion, provided that Buyer may perform customary testing for Radon at the property. Prior to conducting any entry onto the Property inspections or tests (and on each and every occasion), Buyer shall deliver to Seller prior written notice (which may be via email without requirement for secondary form of delivery), not less than twenty-four (24) hours prior to such entry, thereof and shall afford Seller shall have the right a reasonable opportunity to have a representative of Seller present to accompany Buyer or Buyer's Representatives while any inspectionsBuyer performs its evaluations, investigations, tests or studies inspections and other investigations of the Property are made or performedphysical condition of the Property. If requested by Seller, Buyer shall provide Seller have until the identity expiration of the company Conditions Period to notify Seller in writing, of its approval or party(s) who will perform disapproval of such inspectionsevaluations, inspections and investigations, tests or studies and the proposed scope of the inspections, investigations, tests or studies. Buyer’s right of inspection hereunder shall be subject to the provisions of Section 4.6 of this Agreement.

Physical Inspections. After Buyer has provided to Seller a certificate(scertificate of insurance(s) evidencing Buyer's or Buyer's agents', consultants' and/or contractors' (as the case may be) procurement of insurance evidencing a commercial general liability insurance coverage for the activities of Buyer and Buyer's Representatives policy as required herein, Seller shall permit Buyer and Buyer's Representatives authorized agents, consultants and contractors to enter upon the Property during reasonable business hours on Business Days prior to the Closing or any earlier termination of this Agreement to make and perform such non-invasive physical environmental evaluations, and other non-invasive physical inspections, investigations, tests and studies of the physical condition of the Property as Buyer may elect to make or obtain in Buyer’s sole and absolution discretion, and such other invasive physical inspections, investigations, tests and studies as may be consented to by Seller in its sole and absolute discretion subject to and in accordance with this Section 4.1.2obtain. Buyer shall maintain, and shall ensure that Buyer's Representatives agents, consultants and contractors maintain, public liability and property damage insurance coverage insuring against any liability arising out of any entry, inspections, investigations, tests or studies of the Property pursuant to the provisions hereof. Such insurance coverage maintained by Buyer and and/or Buyer's Representatives agents, consultants and contractors (as applicable) shall be in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.002,000,000) aggregate combined single limit for injury to or death of one or more persons in an occurrence occurrence, and for damage to tangible property (including loss of use) in an occurrence. The insurance coverage policy maintained by Buyer shall insure the contractual liability of Buyer covering the indemnities herein and shall (a) name Seller (and Seller's property manager their successors, assigns and affiliates) as additional insureds, and (b) contain a provision that "the insurance provided by Buyer hereunder shall be primary and non-contributing with any other insurance available to Seller." Buyer shall provide Seller with evidence of such insurance coverage prior to any entry, inspections, investigations, tests or studies of the Property by Buyer or any of Buyer's agents, consultants or contractors. The aforementioned insurance coverage may be obtained under a blanket policy carried by Buyer or Buyer's agents, consultants or contractors, as the case may be. Notwithstanding anything to the contrary contained in this Agreement, Buyer shall not be permitted to undertake any invasive, intrusive or destructive investigation, testing or study of the Property, including a "Phase II" environmental assessment, without in each instance first obtaining Seller's written consent thereto, which consent Seller may give, withhold or condition in Seller's sole and absolute discretion, provided that Buyer may perform customary testing for Radon at the property. Prior to any entry onto the Property (and on each and every occasion), Buyer shall deliver to Seller prior written notice, or prior verbal notice wherein Buyer actually speaks with a representative of Seller (which may be via email without requirement for secondary form of deliveryi.e. not a voice mail message), not less than twenty-four two (242) hours Business Days prior to such entry, and Buyer shall afford Seller shall have the right a reasonable opportunity to have a representative of Seller present to accompany Buyer or Buyer's Representatives agents, consultants and contractors while any inspections, investigations, tests or studies of the Property are made or performed; provided, however, that entry onto the Property by Buyer and/or Buyer’s agents, consultants and/or contractors (as the case may be), shall be subject to any restrictions and/or instructions as Seller shall deem necessary, in its sole discretion; and provided, further, that Buyer hereby agrees to cooperate with and abide by Seller’s restrictions and/or instructions. If requested by Seller, Buyer shall provide Seller the identity of the company or party(s) who will perform such inspections, investigations, tests or studies and the proposed scope of the inspections, investigations, tests or studies. Buyer’s Seller shall have the right to approve or disapprove any proposed inspections, investigations, tests or studies and the party(s) performing the same within two (2) Business Days after Seller's receipt of inspection hereunder such notice identifying the same. Seller's failure to notify Buyer of Seller's disapproval of any proposed inspections, investigations, tests or studies and the party(s) performing the same within such two (2) Business Day period shall be subject deemed Seller's approval thereof, except to the provisions extent said proposed inspections, investigations, tests or studies relate to "Phase II" environmental matters or constitute invasive, intrusive or destructive inspections, investigations, tests or studies, in which event Seller's failure to advise Buyer of Section 4.6 Seller's approval or disapproval of any proposed inspections, investigations, tests or studies and the party(s) performing the same within such two (2) Business Day period shall be deemed Seller's disapproval thereof. Buyer shall not contact any tenants, without first obtaining the prior consent of Seller. Upon Seller’s request, Buyer shall provide Seller with the identity of the company or persons who will perform any tenant interview or contacts. Seller or its representative(s) may be present at any such interview or meeting with a tenant and Buyer will reasonably cooperate and coordinate with Seller to effectuate same. Buyer shall have until the Due Diligence Deadline to approve the results of any evaluations, inspections, investigations, tests and studies of the Property as Buyer desires to have made or performed by delivering an Approval Notice to Seller. Buyer's failure to deliver an Approval Notice to Seller prior to the Due Diligence Deadline shall be deemed to be a failure of this AgreementPre-Closing Condition and Buyer's election to terminate this Agreement pursuant to Section 4.2 below.

Physical Inspections. Within five (5) business days after -------------------- the Agreement Date, but only to the extent (a) the same is actually in Seller's or Seller's property manager's possession, or, to the extent Seller has the legal right to obtain a copy of same, in the possession of Seller's consultant previously hired to prepare such report(s), and (b) said report(s) has not already been delivered to Buyer by Seller prior to the Agreement Date, Seller will either deliver to Buyer, or, at absolutely no cost or liability to Seller, will use commercially reasonable efforts to assist Buyer to obtain from Seller's consultant, in either event without any warranty or representation as to the accuracy or thoroughness thereof or to the ability of Buyer to rely thereon, a true and complete copy of all environmental site assessment report(s) with respect to an evaluation of Hazardous Materials (defined below) in, on or under the Property. After Buyer has provided to Seller a certificate(scertificate of insurance(s) evidencing Buyer's or Buyer's agents', consultants' and/or contractors' (as the case may be) procurement of insurance evidencing a commercial general liability insurance coverage for the activities of Buyer and Buyer's Representatives policy as required herein, Seller shall permit Buyer and Buyer's Representatives its authorized agents, consultants and contractors to enter upon the Property during reasonable business hours on Business Days prior to (provided, Buyer shall not interfere with or disturb any tenants' operations therein or Seller's operation of the Closing or any earlier termination of this Agreement Property) to make and perform such non-invasive physical environmental evaluations, and other non-invasive physical inspections, investigations, tests inspections and studies investigations of the physical condition of the Property as Buyer may elect to make or obtain in Buyer’s sole and absolution discretion, and such other invasive physical inspections, investigations, tests and studies as may be consented to by Seller in its sole and absolute discretion subject to and in accordance with this Section 4.1.2Property. Buyer shall maintainmaintain for itself and on behalf of its consultants and contractors, or Buyer shall maintain and shall ensure that Buyer's Representatives its agents, consultants and contractors maintain, public liability and property damage insurance coverage insuring against any liability arising out of any entry, inspections, investigations, tests or studies investigations of the Property pursuant to the provisions hereof. Such insurance coverage maintained by Buyer and/or its consultants, agents and Buyer's Representatives contractors (as applicable) shall be in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate combined single limit for injury to or death of one or more persons in an occurrence occurrence, and for damage to tangible property (including loss of use) in an occurrence. The insurance coverage policy maintained by Buyer shall insure the contractual liability of Buyer covering the indemnities herein and shall (ai) name the Seller and Seller's property its manager (and their successors, assigns and affiliates) as additional insureds, (ii) contain a cross-liability provision, and (biii) contain a provision that "the insurance provided by Buyer hereunder shall be primary and non-contributing with any other insurance available to Seller." Buyer shall provide Seller with evidence of such insurance coverage prior to any entry, tests or investigations of the Property. The aforementioned insurance coverage may be obtained under a blanket policy carried by Buyer or its agents, consultants or contractors, as the case may be. Notwithstanding anything to the contrary contained in this Agreementforegoing, Buyer shall not be permitted to undertake any invasive, intrusive or destructive investigation, testing or study of the Property, including without limitation a "Phase II" environmental assessment, without in each instance first obtaining Seller's written consent thereto, which consent Seller may give, give or withhold or condition in Seller's sole and absolute discretion, provided that Buyer may perform customary testing for Radon at the property. Prior to any entry onto entering the Property (and on each and every occasion), Buyer shall deliver to Seller prior written notice thereof [or verbal notice wherein Buyer actually speaks with a representative of Seller (which may be via email without requirement for secondary form of delivery)not a voicemail message) with written notice delivered immediately thereafter, not less than twenty-four (24) hours prior to if requested at such entrytime], and shall afford Seller shall have the right a reasonable opportunity to have a representative of Seller present to accompany Buyer or Buyer's Representatives while any Buyer performs its evaluations, inspections, investigationstests and other investigations of the physical condition, including without limitation, the environmental condition of the Property. Buyer also shall have the right to contact any governmental agency with respect to any Hazardous Materials on, or the environmental condition of, the Property, including, without limitation, in connection with a "Phase I" environmental report. Prior to any such contact, Buyer shall give Seller written notice thereof [or verbal notice wherein Buyer actually speaks with a representative of Seller (not a voicemail message) with written notice delivered immediately thereafter, if requested at such time], and shall afford Seller a reasonable opportunity to have a representative of Seller present to accompany Buyer while Buyer contacts any such governmental agency. In addition, prior to any entry to perform any necessary on-site inspections, tests or studies investigations with respect to the physical condition of the Property are made or performed. If requested by SellerProperty, Buyer shall provide give Seller written notice thereof [or verbal notice wherein Buyer actually speaks with a representative of Seller (not a voicemail message) with written notice delivered immediately thereafter, if requested at such time], including the identity of the company or party(s) who will perform such inspections, investigations, tests or studies investigations and the proposed scope of the inspections, tests or investigations, including, without limitation, the soil, drainage and seismic condition of the Property, its compliance with applicable laws, codes, regulations and governmental approvals, and the zoning, availability of utilities and feasibility of the Property for the use intended by Buyer. Seller shall approve or disapprove any proposed inspections, tests or studiesinvestigations and the party(s) performing the same within two (2) business days after receipt of such notice. Buyer’s right Seller's failure to advise Buyer of inspection hereunder its disapproval of any proposed inspections, tests or investigations and the party(s) performing the same within such two (2) business day period shall be subject deemed Seller's approval thereof, except to the provisions extent said proposed inspections, tests or investigations relate to "Phase II" environmental matters, in which event Seller's failure to advise Buyer of Section 4.6 its approval or disapproval of any proposed environmental inspections, tests or investigations and the party(s) performing the same within such two (2) business day period shall be deemed Seller's disapproval thereof. Upon termination of this AgreementAgreement for any reason other than due to a default by Seller, Buyer shall promptly deliver to Seller copies of any reports relating to any inspections, tests or investigations of the Property performed by or on behalf of Buyer, provided, however, that any such delivery shall be made without representation or warranty of any kind as to the thoroughness or accuracy of any information contained therein or Seller's ability to rely thereon. Prior to Buyer contacting the tenants, Buyer shall give Seller written notice thereof, including the identity of the company or persons who will perform any tenant interview or contacts. Seller or its representative(s) may be present at any such interview or meeting with the tenants and Buyer will reasonably cooperate and coordinate with Seller to effectuate same. Buyer shall have until 5:00 p.m. (Pacific Time) on the Approval Date to notify Seller in writing of its approval or disapproval of any such evaluations, inspections and investigations.

Physical Inspections. Without any warranty or representation as to the accuracy or thoroughness thereof or to the ability of Buyer to rely thereon, Seller previously has delivered to Buyer, to the extent in Seller's possession (i) a copy of an environmental [Phase 1] site assessment report with respect to an evaluation of Hazardous Materials (defined below) in, on or under the Property, (ii) an asbestos report with respect to any asbestos in the Real Property, and (iii) and ADA/Title 24 compliance report with respect to the Real Property. After Buyer has provided to Seller a certificate(scertificate of insurance(s) evidencing Buyer's and Buyer's agents', consultants' and/or contractors' (as the case may be) procurement of insurance evidencing a commercial general liability insurance coverage for the activities of Buyer and Buyer's Representatives policy as required herein, Seller shall permit Buyer and Buyer's Representatives its authorized agents, consultants and contractors to enter upon the Property during reasonable business hours on Business Days prior to (provided, Buyer shall not interfere with or disturb Seller's operation or use of the Closing or any earlier termination of this Agreement Property) to make and perform such non-invasive physical environmental evaluations, and other non-invasive physical inspections, investigations, tests inspections and studies investigations of the physical condition of the Property as Buyer may elect to make or obtain in Buyer’s sole and absolution discretion, and such other invasive physical inspections, investigations, tests and studies as may be consented to by Seller in its sole and absolute discretion subject to and in accordance with this Section 4.1.2Property. Buyer shall maintain, and shall ensure that Buyer's Representatives its agents, consultants and contractors maintain, public liability and property damage insurance coverage insuring against any liability arising out of any entry, inspections, investigations, tests or studies investigations of the Property pursuant to the provisions hereof. Such insurance coverage maintained by Buyer and Buyer's Representatives its consultants, agents and contractors (as applicable) shall be in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate combined single limit for injury to or death of one or more persons in an occurrence occurrence, and for damage to tangible property (including loss of use) in an occurrence. The insurance coverage policy maintained by Buyer shall insure the contractual liability of Buyer covering the indemnities herein and shall (ai) name the Seller and Seller's property its manager (and their successors, assigns and affiliates) as additional insureds, (ii) contain a cross-liability provision, and (biii) contain a provision that "the insurance provided by Buyer hereunder shall be primary and non-contributing with any other insurance available to Seller." Buyer shall provide Seller with evidence of such insurance coverage prior to any entry, tests or investigations of the Property. The aforementioned insurance coverage may be obtained under a blanket policy carried by Buyer or its agents, consultants or contractors, as the case may be. Notwithstanding anything to the contrary contained in this Agreementforegoing, Buyer shall not be permitted to undertake any invasive, intrusive or destructive investigation, testing or study of the Property, including without limitation a "Phase II" environmental assessment, without in each instance first obtaining Seller's written consent thereto, which consent Seller may give, withhold or condition in Seller's sole and absolute discretion, provided that Buyer may perform customary testing for Radon at the propertyshall not unreasonably withheld. Prior to any entry onto entering the Property (and on each and every occasion), Buyer shall deliver to Seller prior written notice thereof (which may any verbal notice shall be via email without requirement for secondary form where Buyer actually speaks with Xxxxx Xxxx of delivery), Seller and not less than twenty-four (24a voicemail message) hours prior to such entry, and shall afford Seller shall have the right a reasonable opportunity to have a representative of Seller present to accompany Buyer or Buyer's Representatives while any Buyer performs its evaluations, inspections, investigationstests and other investigations of the physical condition of the Property. Prior to any entry to perform any necessary on-site inspections, tests or studies of the Property are made or performed. If requested by Sellerinvestigations, Buyer shall provide give Seller notice thereof (any verbal notice shall be where Buyer actually speaks with Xxxxx Xxxx of Seller and not a voicemail message), including the identity of the company or party(s) who will perform such inspections, investigations, tests or studies investigations and the proposed scope of the inspections, tests or investigations. Seller shall approve or disapprove any proposed inspections, tests or studiesinvestigations and the party(s) performing the same within two (2) business days after receipt of such notice. Buyer’s right Seller's failure to advise Buyer of inspection hereunder its disapproval of any proposed inspections, tests or investigations and the party(s) performing the same within such two (2) business day period shall be deemed Seller's approval thereof, except to the extent said proposed inspections, tests or investigations relate to "Phase II" environmental matters, in which event Seller's failure to advise Buyer of its approval or disapproval of any proposed environmental inspections, tests or investigations and the party(s) performing the same within such two (2) business day period shall be deemed Seller's disapproval thereof. To the extent the same are not subject to any confidentiality requirements or restrictions precluding the provisions same, Buyer shall promptly deliver to Seller copies of Section 4.6 any reports relating to any inspections, tests or investigations of this Agreementthe Property performed by or on behalf of Buyer; provided, however, that Buyer shall not be deemed to have made any warranty or representation whatsoever as to the accuracy or thoroughness thereof or the ability of Seller to rely thereon. Buyer shall have until 5:00 p.m. (Pacific Time) on the Approval Date to notify Seller in writing of its approval or disapproval of any such evaluations, inspections and investigations.

Physical Inspections. After Buyer has provided (a) Subject to the provisions of this Section 4.4 and to any applicable notice requirements and access restrictions in the Tenant Leases, Seller a certificate(s) of insurance evidencing commercial general liability insurance coverage for the activities of hereby grants to Buyer and Buyer's Representatives as required herein’s agents, Seller shall permit employees and contractors (collectively, “Buyer and Buyer's Representatives Parties") the right to enter upon the Property during upon one (1) business day’s advance written notice to Seller at reasonable business hours on Business Days prior to times of the Closing or any earlier termination day for the sole purpose of conducting such physical reviews and investigations as Buyer reasonably deems appropriate (collectively “Inspections") in accordance with the provisions of this Agreement Section 4.4. Buyer may, without Seller’s consent (but upon not less than one (1) Business day’s advance written notice to make Seller), conduct tenant interviews in connection with its Inspections; provided that Seller may, in its sole discretion attend any such interviews. Buyer and perform the Buyer Parties shall at all times conduct each Inspection in a manner so as (i) to not unreasonably interfere with any of Seller’s activities or those of tenants at the Property and (ii) to not cause any damage, loss, cost or expense to Seller or the Property. Within a reasonable period following each Inspection, Buyer shall, at its sole cost and expense, repair all damage resulting in any way from such non-invasive physical environmental evaluationsInspection, and other non-invasive physical inspections, investigations, tests and studies of the physical condition restore any portion of the Property as Buyer may elect adversely affected by such Inspection to make or obtain in Buyer’s sole and absolution discretionits condition existing immediately prior to such Inspection, and remove and dispose of all debris generated as a result of such Inspection. Buyer shall, within five (5) days of preparation of the same (without representation or warranty as to the accuracy or completeness thereof), provide Seller with full and complete copies of any Buyer Prepared Due Diligence Materials and all other invasive physical inspectionsdata, investigationsresults, tests conclusions and studies reports generated as may be consented to by Seller in its sole a result of or during the Inspections and absolute discretion subject to and shall keep all such data strictly confidential in accordance with this Section 4.1.2. Buyer shall maintain, and shall ensure that Buyer's Representatives maintain, public liability insurance coverage insuring against any liability arising out of any entry, inspections, investigations, tests or studies of the Property pursuant to the provisions hereof. Such insurance coverage maintained by Buyer and Buyer's Representatives shall be in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate for injury to or death of one or more persons in an occurrence and for damage to tangible property (including loss of use) in an occurrence. The insurance coverage maintained by Buyer shall (a) name Seller and Seller's property manager as additional insureds, and (b) contain a provision that "the insurance provided by Buyer hereunder shall be primary and non-contributing with any other insurance available to Seller." Notwithstanding anything to the contrary contained in this Agreement, Buyer shall not be permitted to undertake any invasive, intrusive or destructive investigation, testing or study of the Property, including a "Phase II" environmental assessment, without in each instance first obtaining Seller's written consent thereto, which consent Seller may give, withhold or condition in Seller's sole and absolute discretion, provided that Buyer may perform customary testing for Radon at the property. Prior to any entry onto the Property (and on each and every occasion), Buyer shall deliver to Seller prior written notice (which may be via email without requirement for secondary form of delivery), not less than twenty-four (24) hours prior to such entry, and Seller shall have the right to have a representative of Seller present to accompany Buyer or Buyer's Representatives while any inspections, investigations, tests or studies of the Property are made or performed. If requested by Seller, Buyer shall provide Seller the identity of the company or party(s) who will perform such inspections, investigations, tests or studies and the proposed scope of the inspections, investigations, tests or studies. Buyer’s right of inspection hereunder shall be subject to the provisions of Section 4.6 of this Agreement4.5.

Physical Inspections. After Buyer NetREIT has provided to Seller LGI De a certificate(scertificate of insurance(s) evidencing NetREIT's or NetREIT's agents', consultants' and/or contractors' (as the case may be) procurement of insurance evidencing a commercial general liability insurance coverage for the activities of Buyer and Buyer's Representatives policy as required herein, Seller LGI De shall permit Buyer NetREIT and BuyerNetREIT's Representatives authorized agents, consultants and contractors to enter upon the Property during reasonable business hours on Business Days prior to the Closing or any earlier termination of this Agreement to make and perform such non-invasive physical environmental evaluations, and other non-invasive physical inspections, investigations, tests and studies of the physical condition of the Property as Buyer NetREIT may elect to make or obtain in Buyer’s sole and absolution discretion, and such other invasive physical inspections, investigations, tests and studies as may be consented to by Seller in its sole and absolute discretion subject to and in accordance with this Section 4.1.2obtain. Buyer NetREIT shall maintain, and shall ensure that BuyerNetREIT's Representatives agents, consultants and contractors maintain, public liability and property damage insurance coverage insuring against any liability arising out of any entry, inspections, investigations, tests or studies of the Property pursuant to the provisions hereof. Such insurance coverage maintained by Buyer NetREIT and/or NetREIT's agents, consultants and Buyer's Representatives contractors (as applicable) shall be in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.002,000,000) aggregate combined single limit for injury to or death of one or more persons in an occurrence occurrence, and for damage to tangible property (including loss of use) in an occurrence. The insurance coverage policy maintained by Buyer NetREIT shall insure the contractual liability of NetREIT covering the indemnities herein and shall (a) name Seller LGI De (and Seller's property manager their successors, assigns and affiliates) as additional insureds, and (b) contain a provision that "the insurance provided by Buyer NetREIT hereunder shall be primary and non-contributing with any other insurance available to SellerLGI De." Notwithstanding anything to the contrary contained in this Agreement, Buyer NetREIT shall not be permitted to undertake any invasive, intrusive or destructive investigation, testing or study provide LGI De with evidence of the Property, including a "Phase II" environmental assessment, without in each instance first obtaining Seller's written consent thereto, which consent Seller may give, withhold or condition in Seller's sole and absolute discretion, provided that Buyer may perform customary testing for Radon at the property. Prior such insurance coverage prior to any entry onto the Property (and on each and every occasion), Buyer shall deliver to Seller prior written notice (which may be via email without requirement for secondary form of delivery), not less than twenty-four (24) hours prior to such entry, and Seller shall have the right to have a representative of Seller present to accompany Buyer or Buyer's Representatives while any inspections, investigations, tests or studies of the Property are made by NetREIT or performed. If requested by Seller, Buyer shall provide Seller the identity any of the company or party(s) who will perform such inspections, investigations, tests or studies and the proposed scope of the inspections, investigations, tests or studies. Buyer’s right of inspection hereunder shall be subject to the provisions of Section 4.6 of this Agreement.NetREIT's