Right to Enter and Inspect the Property. During the period from the Opening Date until the earlier of the Closing or cancellation of this Agreement, Seller grants Buyer the non-exclusive right and license for Buyer and Buyer's representatives, agents, and contractors to enter upon the Property for the purposes of investigating and inspecting the Property and performing tests, studies and analyses with respect to the Property, including engineering studies and tests with respect to the improvements that comprise a portion of the Property. However, Buyer may not enter the Property without giving Seller at least twenty-four (24) hours advance written notice of what tests, studies or analyses Buyer intends to have performed and when and where such tests, studies or analyses will be performed. Seller shall have the right to have a representative present for all such activities, and Buyer, in making such entry and conducting such tests, studies, and analyses, shall not damage the Property. In addition to the foregoing, prior to permitting any third-party representative, agent, contractor or consultant of Buyer (each of the foregoing, a "BUYER CONSULTANT") to enter the Property, Buyer shall cause such Buyer Consultant to provide to Seller proof of insurance satisfactory to Seller that such Buyer Consultant has in effect, at all times when such Buyer Consultant is authorized to come on the Property pursuant to this Agreement, commercial general liability insurance in a minimum amount of $2,000,000, combined single limit per occurrence, insuring such Buyer Consultant against claims for personal injury, death, and property damage or destruction. Seller shall be named as an additional insured on such policy. Buyer agrees to indemnify, defend, and hold harmless Seller and its Related Parties for, from, and against any and all Claims arising out of Buyer's exercise of the rights granted by this Section, including, without limitation, any Claims relating to mechanics' or materialmen's liens. If this Agreement is cancelled by either Buyer or Seller, Buyer agrees, at its expense, to promptly refill holes dug and otherwise to repair any damage to the Property as a result of its activities pursuant to this Section.
Right to Enter and Inspect the Property. From time to time prior to the Closing, Buyer may enter the Property with Buyer’s representatives, contractors, and agents to examine the Property, conduct soil tests, environmental studies, engineering feasibility studies, and other tests and studies, and to plan the proposed development of the Property; provided, however, Buyer shall restore, to Seller’s satisfaction, any damage it causes to the Property to a condition equal to or better than the condition prior to causing such damage. Any entry upon the Property and all examinations and investigations shall be at the sole risk and expense of Buyer. Buyer shall indemnify, defend and hold Seller harmless from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs and expenses (including without limitation, attorneys’ fees and disbursements), suffered or incurred by Seller that arises out of or in connection with any entry upon the Property or investigations or other activities conducted thereon by Buyer or Buyer’s representatives, or any liens or encumbrances filed or recorded against the Property as a consequence of the investigations or any and all other activities undertaken by Buyer or Buyer’s representatives. Notwithstanding anything in this Agreement to the contrary, the representations and indemnities set forth herein shall survive any termination of this Agreement.
Right to Enter and Inspect the Property. From time to time prior to the Closing, Buyer may enter the Property with Buyer's representatives, contractors, and agents to examine the Property, conduct soil tests, environmental studies, engineering feasibility studies, and other tests and studies, and to investigate the Property. Buyer will indemnify and hold harmless Seller and Seller's Related Parties for, from, and against any Claims arising out of Buyer's exercise of the rights granted by this Section (unless resulting from Seller's negligence or willful misconduct) and this indemnity will survive the Closing or the cancellation of this Agreement.
Right to Enter and Inspect the Property. Until the earlier of the Closing or cancellation of this Agreement, Seller grants Buyer the non-exclusive right and license for Buyer and Buyer’s representatives, agents, and contractors to enter upon the Property for the purposes of investigating and inspecting the Property and performing tests, studies and analyses with respect to the Property; provided, however, in no event may Buyer conduct any invasive testing on the Property. Xxxxx agrees to indemnify, defend, and hold harmless Seller and its Related Parties for, from, and against any and all claims arising out of Xxxxx’s exercise of the rights granted by this Section, including, without limitation, any claims relating to mechanics’ or materialmen’s liens.
Right to Enter and Inspect the Property. For so long as this Agreement remains in effect and subject to the terms and provisions of this Section 5.1, Buyer shall have access to the Property at all commercially reasonable times during normal business hours. Buyer shall give not less than one Business Day’s notice to Seller prior to any entry upon the Property, and such entry shall be conditioned upon coordination with Seller so that (a) one or more representatives of Seller are available to escort and accompany Buyer, and (b) disruption to Seller’s and any of the APA Sellers’ respective businesses is minimized to the extent practicable. Notwithstanding any other provision of this Agreement, at least three (3) Business Days prior to performing any such inspection or study of any of Property which will involve the intrusive or destructive sampling or analysis of any portion of the Property or its improvements (“Intrusive Investigation”), Buyer shall provide to Seller a detailed description of the work to be performed during the Intrusive Investigation. No such Intrusive Investigation may be undertaken unless approved in writing by Seller, such approval not to be unreasonably withheld, conditioned or delayed. All inspections and studies shall be at Buyer’s sole expense.
