Common use of Access to the Property Clause in Contracts

Access to the Property. (a) Buyer and/or its agents and representatives, during normal business hours and after reasonable advance notice to Seller, may enter upon any of the Real Property from time to time prior to the Closing Date, accompanied by an agent of Seller, for purposes of conducting such inspections, investigations and/or studies as Buyer deems necessary, including, without limitation, financial reviews, physical inspections, lease reviews and environmental reviews and testing, which activities may include test borings and soil samplings ("Buyer's Due Diligence Activities"). Buyer's access to the Real Property shall be subject to the rights of the Tenants of any of the Real Property, who shall not be unreasonably disturbed during any such inspection by Buyer. Buyer shall not engage in any activity in or about the Real Property which directly or indirectly violates the terms of any governmental or quasi-governmental statute, rule, regulation, order or practice. Buyer shall not make any physical changes to any of the Real Property, except for test borings and soil samplings which shall be performed only by licensed engineers reasonably acceptable to Seller and only after three (3) business days' prior notice to Seller. Buyer may contact any governmental or quasi-governmental authorities concerning the Property without the prior written approval of Seller. Seller shall have the opportunity to observe any and all action taken by Buyer or its representatives, consultants, agents, etc. pursuant to this paragraph 10. All information set forth in any document which Seller has granted to Buyer the express right to review, if any, shall be held in strict confidence until Closing and thereafter in the event Closing does not occur. If Buyer violates its obligations under this Paragraph 10(a) or in the event of any physical damage to any of the Real Property or any Personal Property resulting, directly or indirectly, from the exercise by Buyer of its rights under this Paragraph 10(a), Buyer hereby agrees to restore the Real Property and Personal Property to their respective conditions prior to incurring such damage. Buyer hereby agrees to indemnify, defend and hold harmless Seller from and against all physical damage to any of the Real Property and Personal Property, personal injury and/or any other claims or liability which may occur as a result of Buyer's (or Buyer's agents, employees, invitees or licensees) entry or activities upon any of the Real Property. The provisions of this Paragraph 10(a) shall survive Closing or other termination of this Agreement.

Access to the Property. (a) Buyer The Partnership and/or its agents and representatives, during normal business hours and after reasonable advance notice to SellerEnglish Creek, may enter upon any of the Real Property from time to time prior to the Closing Date, accompanied by an agent of SellerEnglish Creek, for purposes of conducting such inspections, investigations and/or studies as Buyer the Partnership deems necessary, including, without limitation, financial reviews, physical inspections, lease reviews and environmental reviews and testing, which activities may include test borings and soil samplings ("Buyerthe Partnership's Due Diligence Activities"). BuyerThe Partnership's access to the Real Property shall be subject to the rights of the Tenants of any of the Real Property, who shall not be unreasonably disturbed during any such inspection by Buyerthe Partnership. Buyer The Partnership shall not engage in any activity in or about the Real Property which directly or indirectly violates the terms of any governmental or quasi-governmental statute, rule, regulation, order or practice. Buyer The Partnership shall not make any physical changes to any of the Real Property, except for test borings and soil samplings which shall be performed only by licensed engineers reasonably acceptable to Seller English Creek and only after three (3) business days' prior notice to SellerEnglish Creek. Buyer The Partnership may contact any governmental or quasi-governmental authorities concerning the Property without the prior written approval of SellerEnglish Creek. Seller English Creek shall have the opportunity to observe any and all action taken by Buyer the Partnership or its representatives, consultants, agents, etc. pursuant to this paragraph Paragraph 10. All information set forth in any document which Seller English Creek has granted to Buyer the Partnership the express right to review, if any, shall be held in strict confidence until Closing and thereafter in the event Closing does not occur. If Buyer the Partnership violates its obligations under this Paragraph 10(a) or in the event of any physical damage to any of the Real Property or any Personal Property resulting, directly or indirectly, from the exercise by Buyer the Partnership of its rights under this Paragraph 10(a), Buyer the Partnership hereby agrees to restore the Real Property and Personal Property to their respective conditions prior to incurring such damage. Buyer The Partnership hereby agrees to indemnify, defend and hold harmless Seller English Creek from and against all physical damage to any of the Real Property and Personal Property, personal injury and/or any other claims or liability which may occur as a result of Buyerthe Partnership's (or Buyerthe Partnership's agents, employees, invitees or licensees) entry or activities upon any of the Real Property. The provisions of this Paragraph 10(a) shall survive Closing or other termination of this Agreement.

Access to the Property. (a) Buyer The Partnership and/or its agents and representatives, during normal business hours and after reasonable advance notice to SellerFirst Commercial, may enter into the office of First Commercial where its books and records are located and enter upon any of the Real Property from time to time prior to the Closing Date, accompanied by an agent of SellerFirst Commercial, for purposes of conducting such inspections, investigations and/or studies as Buyer the Partnership deems necessary, including, without limitation, financial reviewsfinancial, operational and historical reviews of the Real Property and First Commercial, physical inspections, lease reviews and environmental reviews and testing, which activities may include test borings and soil samplings (the "BuyerPartnership's Due Diligence Activities"). BuyerThe Partnership's access to the Real Property shall be subject to the rights of the Tenants of any of the Real Property, who shall not be unreasonably disturbed during any such inspection by Buyerthe Partnership. Buyer The Partnership shall not engage in any activity in or about the Real Property which directly or indirectly violates the terms of any governmental or quasi-governmental statute, rule, regulation, order or practice. Buyer The Partnership shall not make any physical changes to any of the Real Property, except for test borings and soil samplings which shall be performed only by licensed engineers reasonably acceptable to Seller First Commercial and only after three (3) business days' prior notice to SellerFirst Commercial. Buyer The Partnership may contact any governmental or quasi-governmental authorities concerning the Property without the prior written approval of SellerFirst Commercial. Seller First Commercial shall have the opportunity to observe any and all action taken by Buyer the Partnership or its representatives, consultants, agents, etc. pursuant to this paragraph Paragraph 10. All information set forth in any document which Seller First Commercial has granted to Buyer the Partnership the express right to review, if any, shall be held in strict confidence until Closing and thereafter in the event Closing does not occur. If Buyer the Partnership violates its obligations under this Paragraph 10(a) or in the event of any physical damage to any of the Real Property or any Personal Property resulting, directly or indirectly, from the exercise by Buyer the Partnership of its rights under this Paragraph 10(a), Buyer the Partnership hereby agrees to restore the Real Property and Personal Property to their respective conditions prior to incurring such damage. Buyer The Partnership hereby agrees to indemnify, defend and hold harmless Seller First Commercial from and against all physical damage to any of the Real Property and Personal Property, personal injury and/or any other claims or liability which may occur as a result of Buyerthe Partnership's (or Buyerthe Partnership's agents, employees, invitees or licensees) entry or activities upon any of the Real Property. The provisions of this Paragraph 10(a) shall survive Closing or other termination of this Agreement.

Access to the Property. (a) Buyer and/or its agents and representatives, during normal business hours and after reasonable advance notice to Seller, may enter upon any of the Real Property Properties from time to time prior to the Closing Date, accompanied by an agent of Seller, for purposes of conducting such inspections, investigations and/or studies as Buyer deems necessary, including, without limitation, financial reviews, physical inspections, lease reviews and environmental reviews and testing, which activities may include test borings and soil samplings ("Buyer's Due Diligence Activities"). Buyer's access to the Real Property Properties shall be subject to the rights of the Tenants of any of the Real PropertyProperties, who shall not be unreasonably disturbed during any such inspection by Buyer. Buyer shall not engage in any activity in or about the Real Property Properties which directly or indirectly violates the terms of any governmental or quasi-governmental statute, rule, regulation, order or practice. Buyer shall not make any physical changes to any of the Real PropertyProperties, except for test borings and soil samplings which shall be performed only by licensed engineers reasonably acceptable to Seller and only after three (3) business days' prior notice to Seller. Buyer may contact any governmental or quasi-governmental authorities concerning the Property without the prior written approval of Seller. Seller shall have the opportunity to observe any and all action taken by Buyer or its representatives, consultants, agents, etc. pursuant to this paragraph 10. All information set forth in any document which Seller has granted to Buyer the express right to review, if any, shall be held in strict confidence until Closing and thereafter in the event Closing does not occur. If Buyer violates its obligations under this Paragraph 10(a) or in the event of any physical damage to any of the Real Property Properties or any Personal Property resulting, directly or indirectly, from the exercise by Buyer of its rights under this Paragraph 10(a), Buyer hereby agrees to restore the Real Property Properties and Personal Property to their respective conditions prior to incurring such damage. Buyer hereby agrees to indemnify, defend and hold harmless Seller from and against all physical damage to any of the Real Property Properties and Personal Property, personal injury and/or any other claims or liability which may occur as a result of Buyer's (or Buyer's agents, employees, invitees or licensees) entry or activities upon any of the Real PropertyProperties. The provisions of this Paragraph 10(a) shall survive Closing or other termination of this Agreement.

Access to the Property. (a) Buyer The Partnership and/or its agents and representatives, during normal business hours and after reasonable advance notice to SellerLaurel Oak, may enter upon any of the Real Property from time to time prior to the Closing Date, accompanied by an agent of SellerLaurel Oak, for purposes of conducting such inspections, investigations and/or studies as Buyer the Partnership deems necessary, including, without limitation, financial reviews, physical inspections, lease reviews and environmental reviews and testing, which activities may include test borings and soil samplings ("Buyerthe Partnership's Due Diligence Activities"). BuyerThe Partnership's access to the Real Property shall be subject to the rights of the Tenants of any of the Real Property, who shall not be unreasonably disturbed during any such inspection by Buyerthe Partnership. Buyer The Partnership shall not engage in any activity in or about the Real Property which directly or indirectly violates the terms of any governmental or quasi-governmental statute, rule, regulation, order or practice. Buyer The Partnership shall not make any physical changes to any of the Real Property, except for test borings and soil samplings which shall be performed only by licensed engineers reasonably acceptable to Seller Laurel Oak and only after three (3) business days' prior notice to SellerLaurel Oak. Buyer The Partnership may contact any governmental or quasi-governmental authorities concerning the Property without the prior written approval of SellerLaurel Oak. Seller Laurel Oak shall have the opportunity to observe any and all action taken by Buyer the Partnership or its representatives, consultants, agents, etc. pursuant to this paragraph Paragraph 10. All information set forth in any document which Seller Laurel Oak has granted to Buyer the Partnership the express right to review, if any, shall be held in strict confidence until Closing and thereafter in the event Closing does not occur. If Buyer the Partnership violates its obligations under this Paragraph 10(a) or in the event of any physical damage to any of the Real Property or any Personal Property resulting, directly or indirectly, from the exercise by Buyer the Partnership of its rights under this Paragraph 10(a), Buyer the Partnership hereby agrees to restore the Real Property and Personal Property to their respective conditions prior to incurring such damage. Buyer The Partnership hereby agrees to indemnify, defend and hold harmless Seller Laurel Oak from and against all physical damage to any of the Real Property and Personal Property, personal injury and/or any other claims or liability which may occur as a result of Buyerthe Partnership's (or Buyerthe Partnership's agents, employees, invitees or licensees) entry or activities upon any of the Real Property. The provisions of this Paragraph 10(a) shall survive Closing or other termination of this Agreement.

Access to the Property. (a) Buyer The Partnership and/or its agents and representatives, during normal business hours and after reasonable advance notice to SellerPWCCW, may enter upon any of the Real Property from time to time prior to the Closing Date, accompanied by an agent of SellerPWCCW, for purposes of conducting such inspections, investigations and/or studies as Buyer the Partnership deems necessary, including, without limitation, financial reviews, physical inspections, lease reviews and environmental reviews and testing, which activities may include test borings and soil samplings ("Buyerthe Partnership's Due Diligence Activities"). BuyerThe Partnership's access to the Real Property shall be subject to the rights of the Tenants of any of the Real Property, who shall not be unreasonably disturbed during any such inspection by Buyerthe Partnership. Buyer The Partnership shall not engage in any activity in or about the Real Property which directly or indirectly violates the terms of any governmental or quasi-governmental statute, rule, regulation, order or practice. Buyer The Partnership shall not make any physical changes to any of the Real Property, except for test borings and soil samplings which shall be performed only by licensed engineers reasonably acceptable to Seller PWCCW and only after three (3) business days' prior notice to SellerPWCCW. Buyer The Partnership may contact any governmental or quasi-governmental authorities concerning the Property without the prior written approval of SellerPWCCW. Seller PWCCW shall have the opportunity to observe any and all action taken by Buyer the Partnership or its representatives, consultants, agents, etc. pursuant to this paragraph Paragraph 10. All information set forth in any document which Seller PWCCW has granted to Buyer the Partnership the express right to review, if any, shall be held in strict confidence until Closing and thereafter in the event Closing does not occur. If Buyer the Partnership violates its obligations under this Paragraph 10(a) or in the event of any physical damage to any of the Real Property or any Personal Property resulting, directly or indirectly, from the exercise by Buyer the Partnership of its rights under this Paragraph 10(a), Buyer the Partnership hereby agrees to restore the Real Property and Personal Property to their respective conditions prior to incurring such damage. Buyer The Partnership hereby agrees to indemnify, defend and hold harmless Seller PWCCW from and against all physical damage to any of the Real Property and Personal Property, personal injury and/or any other claims or liability which may occur as a result of Buyerthe Partnership's (or Buyerthe Partnership's agents, employees, invitees or licensees) entry or activities upon any of the Real Property. The provisions of this Paragraph 10(a) shall survive Closing or other termination of this Agreement.

Access to the Property. (a) Buyer and/or The Partnership and its agents agents, employees and representatives, during normal business hours and after reasonable advance notice to Sellerany Contributor, may enter upon any of the Real Property of such Contributor from time to time prior to the Closing DateDate with respect to such Real Property, accompanied by an agent of Sellerthe Contributor, for purposes of conducting such inspections, investigations and/or studies as Buyer the Partnership deems necessary, including, without limitation, financial reviews, physical inspections, lease reviews and environmental reviews and testing, which activities may include test borings and soil samplings (the "Buyer's Due Diligence ActivitiesPartnership Inspections"). BuyerThe Partnership's access to the Real Property shall be subject to the rights of the Tenants of any of the Real Property, who shall not be unreasonably disturbed during any such inspection by Buyerthe Partnership. Buyer The Partnership shall not engage in any activity in or about the Real Property which directly or indirectly violates the terms of any governmental or quasi-governmental statute, rule, regulation, order or practice. Buyer The Partnership shall not make any physical changes to any of the Real Property, except for test borings and soil samplings which shall be performed only by licensed engineers reasonably acceptable to Seller the Contributor and only after three (3) business days' prior notice to Sellerthe Contributor. Buyer The Partnership may contact any governmental or quasi-governmental authorities concerning the Property without the prior written approval of Sellerthe Contributor. Seller The Partnership shall give the Contributor at least five (5) days notice prior to the Partnership contacting any such governmental or quasi-governmental authorities. The Contributor shall have the opportunity to observe any and all action taken by Buyer the Partnership or its representatives, consultants, agents, etc. pursuant to this paragraph 10Paragraph 12. All information set forth in any document which Seller the Contributor has granted to Buyer the Partnership the express right to review, if any, shall be held in strict confidence until the Closing Date hereunder to which such information relates. The Partnership shall promptly repair any damage to the Real Property resulting from the Partnership Inspections and thereafter replace, refill and regrade any holes made in, or excavations of, any portion of the Real Property used for such Partnership Inspections so that the Real Property shall be in the event Closing does same condition that it existed prior to such Partnership Investigations. In conducting any inspections, investigations or tests of the Real Property, the Trust and the Partnership and their agents and representatives shall: (i) not occur. If Buyer violates its obligations under this Paragraph 10(adisturb or interfere in any material respect with the Tenants' use of the Real Property pursuant to their respective Leases; (ii) or not interfere in any material respect with the event operation and maintenance of the Real Property; (iii) not damage in any physical damage to material respect any part of the Real Property or any Personal Property resultingpersonal property owned or held by Tenant or any other Person; (iv) not injure or otherwise cause bodily harm to any Contributor, directly or indirectlyits agents, from guests, invitees, contractors and employees or any Tenant or any other Person; (v) promptly pay when due the exercise costs of all tests, investigations, and examinations performed by Buyer or on behalf of its rights under this Paragraph 10(a), Buyer hereby agrees the Trust or the Partnership with regard to restore the Real Property Property; and Personal Property (vi) comply with all statutes, laws, ordinances, rules and regulations applicable to their respective conditions prior to incurring any such damageinspections, investigations or tests. Buyer The Partnership hereby agrees to indemnify, defend and hold harmless Seller Contributor from and against all (a) physical damage to any of the Real Property and Personal Property, personal injury and/or any other claims or liability which may occur as a result of Buyerthe Partnership's (or Buyerthe Partnership's agents, employees, invitees or licenseesrepresentatives) entry or activities upon any of the Real Property, as specified in this Paragraph and (b) any liens or encumbrances filed or recorded against any of the Real Property as a consequence of the Partnership or the Partnership's representatives entry thereon. The provisions of this Paragraph 10(a12(a) shall survive Closing or other termination of this Agreement.