physically intrusive testing definition
physically intrusive testing means testing that involves borings (such as the taking of soil samples and/or a “Phase II” environmental study), corings (such as the taking of roof or wall samples), or any taking of physical samples or penetration of the surface of the Real Property comprising the Property. Purchaser shall give Seller not less than two (2) business days’ prior notice of its intention to conduct any inspection(s), and Seller reserves the right to have a representative present. Purchaser shall not conduct any physically intrusive testing that would, in Seller’s reasonable discretion, materially interfere with Seller’s (or ▇▇▇▇▇▇’s) subsequent use or enjoyment of the Property. Purchaser shall be responsible for restoring the Property to its previous condition following any physically intrusive testing that Seller has reasonably objected to on the basis that the resulting costs of restoration would be excessive. Purchaser will indemnify and hold harmless Seller from and against all liability, loss, damages and expenses (including reasonable attorneys’ fees) resulting from the performance of its inspection(s), such obligation to survive Closing, delivery of the deed or any termination of this Agreement. Prior to Purchaser entering the Property to conduct its inspection(s), Purchaser and its agents and contractors shall obtain and maintain, at their sole cost and expense, and shall deliver to Seller evidence of commercial liability insurance, from an insurer reasonably acceptable to Seller, in the amount of One Million and No/100 Dollars ($1,000,000.00) combined single limit for personal injury and property damage per occurrence and Two Million and no/100 Dollars ($2,000,000.00), in the aggregate, such policy(ies) to name Seller as an additional insured party, which insurance shall provide coverage against any claim for personal liability or property damage caused by Purchaser or its agents or representatives in connection with its inspection(s).
physically intrusive testing means testing that involves borings (such as the taking of soil samples and/or a “Phase II” environmental study), corings (such as the taking of roof or wall samples), or any taking of physical samples or penetration of the surface of the Land, the Improvements or Personal Property comprising the Property.
physically intrusive testing means any testing which involves the boring of or into the land or the improvements and/or the removal, collection or obtaining of soils, building materials or other physical samples from the land or the improvements.