Common use of Access to the Assets Clause in Contracts

Access to the Assets. Immediately after execution of this Agreement, American will grant Enerplus access to the Assets during reasonable business hours to permit Enerplus to conduct, at its sole risk and expense, on-site inspections and environmental assessments of the Assets. If Enerplus or its agent prepares an environmental assessment of any Asset, Enerplus agrees to keep such assessment confidential and to furnish copies thereof to American. In connection with any on-site inspections, Enerplus (i) agrees not to interfere with the normal operation of the Assets, (ii) agrees to comply with all requirements of the operators of the Assets and (iii) represents that it is adequately insured. Enerplus waives, releases and agrees to indemnify American, and its respective directors, officers, shareholders, members, employees, agents and representatives against all liabilities and obligations, including without limitation, personal injury, death and/or property damage, arising from Enerplus’s activities on the Assets except to the extent such liability or damages are caused by American’s willful misconduct. The provisions of this Section shall survive termination of this Agreement.