Common use of Procedure; Indemnity Clause in Contracts

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct feasibility, environmental, engineering, physical studies and all other aspects of the Real Property at any time from and after Buyer’s receipt of substantially all of the Due Diligence Items and for a period of fifteen (15) days thereafter (the “Due Diligence Period”); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, Buyer may, by written notice delivered prior to the conclusion of the original Due Diligence Period, extend the Due Diligence Period for a period equal to the associated delay in delivery of such materials beyond the Delivery Date. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct tenant interviews, engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the “Inspections”). Buyer agrees to promptly discharge any liens that may be imposed against the Real Property as a result of Buyer’s Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys’ fees), liabilities, judgments and damages incurred by Seller as a result of any Inspections performed by Buyer.

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct feasibility, environmental, engineering, title, survey and physical studies and all other aspects of the Real Property at any time from and after Buyer’s receipt of substantially all of the Due Diligence Items Effective Date and for a period of fifteen ninety (1590) days thereafter (the “Due Diligence Period”); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, Buyer may, by written notice delivered prior to the conclusion of the original Due Diligence Period, extend the Due Diligence Period for a period equal to the associated delay in delivery of such materials beyond the Delivery Date. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct tenant interviews, engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the “Inspections”). Buyer agrees to promptly discharge any liens that may be imposed against the Real Property as a result of Buyer’s Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys’ fees), liabilities, judgments and damages incurred by Seller as a result of any Inspections performed by Buyer.

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct a feasibility, environmental, engineering, engineering and physical studies and all other aspects study of the Real Property at any time from and after Buyer’s receipt of substantially all of the Due Diligence Items Effective Date and for a period of fifteen thirty (1530) days thereafter (the “"Due Diligence Period”"); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, Buyer may, by written notice delivered prior to the conclusion of the original Due Diligence Period, extend the Due Diligence Period for a period equal to the associated delay in delivery of such materials beyond the Delivery Date. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct tenant interviews, engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the “"Inspections”"). Buyer agrees to promptly discharge any liens hens that may be imposed against the Real Property as a result of Buyer’s 's Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys’ ' fees), liabilities, judgments and damages incurred by Seller as a result of any Inspections performed by Buyer.

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct feasibility, environmental, engineering, engineering and physical studies and all other aspects of the Real Property at any time from and after Buyer’s receipt of substantially all of the Due Diligence Items and for a period of fifteen (15) days thereafter Effective Date until October 24, 2007 (the “Due Diligence Period”); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, Buyer may, by written notice delivered prior to the conclusion of the original Due Diligence Period, extend the Due Diligence Period for a period equal to the associated delay in delivery of such materials beyond the Delivery Date. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct tenant interviews, engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the “Inspections”). Buyer shall conduct such inspections in a manner not disruptive to tenants or to the operation of the Property. Buyer agrees to promptly discharge any liens that may be imposed against the Real Property as a result of Buyer’s Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys’ fees), liabilities, judgments and damages (collectively, “Claims”) incurred by Seller as a result of any Inspections performed by Buyer, except for any Claims against Seller based upon any obligations and liabilities of Seller to the extent not caused by Buyer.

Procedure; Indemnity. Buyer, at its sole expense, shall have the right to conduct feasibility, environmental, engineering, engineering and physical studies and all other aspects of the Real Property at any time from and after Buyer’s receipt of substantially all of the Due Diligence Items Effective Date and for a period of fifteen thirty (1530) days thereafter (the “Due Diligence Period”THE "DUE DILIGENCE PERIOD"); provided, however, if the Due Diligence Items are not delivered on the Delivery Date, Buyer may, by written notice delivered prior to the conclusion of the original Due Diligence Period, extend the Due Diligence Period for a period equal to the associated delay in delivery of such materials beyond the Delivery Date. Buyer and its duly authorized agents or representatives shall be permitted to enter upon the Real Property at all reasonable times during the Due Diligence Period in order to conduct tenant interviews, engineering studies, soil tests and any other inspections and/or tests that Buyer may deem necessary or advisable (collectively, the “"Inspections”"). Buyer agrees to promptly discharge any liens that may be imposed against the Real Property as a result of Buyer’s 's Inspections and to defend, indemnify and hold Seller harmless from all claims, suits, losses, costs, expenses (including without limitation court costs and attorneys’ ' fees), liabilities, judgments and damages incurred by Seller as a result of any Inspections performed by Buyer. The provisions of the foregoing indemnity shall survive termination of this Agreement or the Close of Escrow, as applicable. Notwithstanding the foregoing, Buyer may not conduct any invasive testing on or in the Property without the prior written consent of Seller, which consent shall not be unreasonably withheld or delayed. Copies of all inspection reports or test results conducted or prepared by any third party contractors or inspectors shall be furnished to Seller.