Common use of Conduct of Inspections Clause in Contracts

Conduct of Inspections. (a) Any entry by Buyer onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations and the terms of any Leases so as to avoid any material interference with the operations and occupancy of the Property and to avoid any material disturbance of any of the Tenants or the possessory rights of any of the Tenants. Buyer shall promptly restore the Property to its previous condition before any such inspections, studies, or tests were performed. (b) Buyer or its agents may undertake borings or other disturbances of the soil with Seller's prior written approval (not to be unreasonably withheld), provided that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken. (c) Notwithstanding any general liability or other insurance that may be maintained by Buyer, Buyer hereby agrees to indemnify, defend and hold harmless Seller and its partners and its and their partners, shareholders, directors, officers, employees, and agents and all Tenants from and against any claims, losses or damages (including attorneys' fees and costs) arising from or in connection with the due diligence and inspection activities conducted on the Property by Buyer and or its agents, including, without limitation, any damages to the Property or any property of any Tenant arising from or relating to any inspections, studies or tests performed by Buyer or its agents. The foregoing indemnification obligation of Buyer shall survive any termination of this Agreement or the delivery of the Deed and the Ground Lease Assignment, and the transfer of title to the Property. If this Agreement is terminated, Buyer shall deliver to Seller, upon Seller's payment of Buyer's costs therefor, the results and copies of any and all surveys, reports, tests or studies made by or for Buyer with respect to the Property.

Conduct of Inspections. (a) Any entry by Buyer onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations and the terms of any Leases so as to avoid any material interference with the operations and occupancy of the Property and to avoid any material disturbance of any of the Tenants or the possessory rights of any of the Tenants. Buyer shall promptly restore the Property to its previous condition before any such inspections, studies, or tests were performed. (b) So long as no construction warranties will be voided or adversely affected thereby, Buyer or its agents may undertake borings or other disturbances of the soil with Seller's prior written approval (not to be unreasonably withheld), provided that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken. (c) Notwithstanding any general liability or other insurance that may be maintained by Buyer, Buyer hereby agrees to indemnify, defend and hold harmless Seller and its partners members and its and their members, partners, shareholders, directors, officers, employees, and agents and all Tenants from and against any claims, losses or damages (including attorneys' fees and costs) arising from or in connection with the due diligence and inspection activities conducted on the Property by Buyer and or and/or its agents, including, without limitation, any damages to the Property or any property of any Tenant arising from or relating to any inspections, studies or tests performed by Buyer or its agents. The foregoing indemnification obligation of Buyer shall survive any termination of this Agreement or the delivery of the Deed and the Ground Lease Assignment, and the transfer of title to the Property. If this Agreement is terminatedterminated for any reason, Buyer shall (i) deliver to Seller, upon Seller's payment of Buyer's costs therefor, Seller the results and copies of any and all surveys, reports, tests or studies made by or for Buyer with respect to the PropertyProperty (upon Seller's payment of Buyer's costs therefor if Seller's default is the cause of such termination), and (ii) return to Seller all items relating to the Property which Seller has delivered or caused to be delivered to Buyer.

Conduct of Inspections. Sellers and Purchaser acknowledge that prior to the Effective Date, Sellers and Purchaser entered into that certain Access and Due Diligence Agreement dated as of June 26, 2025 (a) Any entry as amended, the “Access Agreement”). In connection with its Inspections, Purchaser shall comply with and be bound by Buyer onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations and the terms of any Leases so as to avoid any material interference with the operations and occupancy Section 2 of the Property Access Agreement, which terms are hereby incorporated into this Contract by reference as if set forth in full, mutatis mutandis; provided, however that (i) all references to “Seller” in the Access Agreement shall mean Sellers hereunder and all references to “Purchaser” in the Access Agreement shall mean Purchaser hereunder, (ii) the Investigation Period (as defined in the Access Agreement) ends on the last Closing Date, (iii) all references to the “Purchaser Investigations” in the Access Agreement shall mean the “Inspections” hereunder and (iv) if and to avoid the extent that there are any material disturbance of inconsistencies between any of the Tenants or terms and provisions of Section 2 of the possessory rights of Access Agreement and any of the Tenantsterms and provisions contained in this Contract, then the provisions of this Contract shall control. Buyer Purchaser shall promptly restore the not permit any mechanics’ or materialmen’s liens or any other liens to attach to any Property to its previous condition before any such inspections, studies, or tests were performed. (b) Buyer or its agents may undertake borings or other disturbances by reason of the soil performance of any work or the purchase of any materials by Purchaser or any other party in connection with Seller's prior written approval (not any Inspections conducted by or for Purchaser. Purchaser shall take all reasonable actions and implement all protections necessary to be unreasonably withheld), provided ensure that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken. (c) Notwithstanding any general liability or other insurance that may be maintained by Buyer, Buyer hereby agrees to indemnify, defend and hold harmless Seller and its partners and its and their partners, shareholders, directors, officers, employees, and agents and all Tenants from and against any claims, losses or damages (including attorneys' fees and costs) arising from or actions taken in connection with the due diligence Inspections, and inspection activities conducted on all equipment, materials and substances generated, used or brought onto each Property pose no material threat to the safety of persons, property or the environment and do not cause any damage to the Property. Purchaser shall not initiate contact with any tenants of the Properties. Prior to Closing, Purchaser and its Consultants shall not be permitted to meet, correspond or otherwise discuss with any governmental authority any matter relating to or arising out of any Property by Buyer without the prior written consent of Sellers, and in the event that Sellers provide such consent, then Sellers (or any representative thereof) shall have the right, but not the obligation, to be present for any such discussions or meetings (provided that Seller shall ensure that any representatives of Seller shall be readily available upon prior written notice so as to not unreasonably delay or hinder Purchaser’s or its agentsConsultant’s from having such discussions or meetings); provided, however, notwithstanding the foregoing to the contrary, Purchaser and its Consultants may contact governmental agents (without Sellers’ consent) as is reasonably necessary in order to perform title searches, municipal and violation searches, and obtain searches and inquiries relating to the preparation of a customary zoning report (including obtaining a so-called a zoning compliance letter and copies of certificates of occupancy) and a customary Phase 1 environmental site assessment and name, “know your customer”, OFAC and similar searches (including, without limitation, any damages to the Property or any property of any Tenant arising from or relating to any inspectionsbankruptcy, studies or tests performed by Buyer or its agents. The foregoing indemnification obligation of Buyer shall survive any termination of this Agreement or the delivery of the Deed litigation, Patriot Act, tax lien and the Ground Lease Assignment, and the transfer of title to the Property. If this Agreement is terminated, Buyer shall deliver to Seller, upon Seller's payment of Buyer's costs therefor, the results and copies of any and all surveys, reports, tests or studies made by or for Buyer with respect to the Propertysimilar searches).

Conduct of Inspections. (a) Any entry by Buyer Company onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations and the terms of any Leases so as to avoid any material interference with the operations and occupancy of the Property and to avoid any material disturbance of any of the Tenants or the possessory rights of any of the Tenants. Buyer Company shall promptly restore the Property to its previous condition before any such inspections, studies, or tests were performed. (b) Buyer Company or its agents may undertake borings or other disturbances of the soil with SellerContributor's prior written approval (not to be unreasonably withheld), provided that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken. (c) Notwithstanding any general liability or other insurance that may be maintained by BuyerCompany, Buyer Company hereby agrees to indemnify, defend and hold harmless Seller Contributor and its partners and its and their partners, shareholders, directors, officers, employees, and agents and all Tenants from and against any claims, losses or damages (including attorneys' fees and costs) arising from or in connection with the due diligence and inspection activities conducted on the Property by Buyer Company and or its agents, including, without limitation, any damages to the Property or any property of any Tenant arising from or relating to any inspections, studies or tests performed by Buyer Company or its agents. The foregoing indemnification obligation of Buyer Company shall survive any termination of this Agreement or the delivery of the Deed and the Ground Lease AssignmentDeed, and the transfer of title to the Property. If this Agreement is terminated, Buyer Company shall deliver to SellerContributor, upon Seller's payment within ten (10) Business Days of Buyer's costs thereforsuch termination, the results and copies of any and all surveys, reports, tests or studies made by or for Buyer Company with respect to the Property.

Conduct of Inspections. (a) Any entry by Buyer onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutesstatues, rules and regulations and the terms of any Leases so as to avoid any material interference with the operations and occupancy of the Property and to avoid any material disturbance of any of the Tenants or the possessory rights of any of the Tenants. Buyer shall promptly restore the Property to its previous condition before any such inspections, studies, or tests were performed. (b) Buyer or its agents may undertake borings or other disturbances of the soil with Seller's prior written approval (not to be unreasonably withheld), provided that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken. (c) Notwithstanding any general liability or other insurance that may be maintained by Buyer, Buyer hereby agrees to indemnify, defend and hold harmless Seller and its partners and its and their partners, shareholders, directors, officers, employees, and agents and all Tenants from and against any claims, losses or damages (including attorneys' fees and costs) arising from or in connection with the due diligence and inspection activities conducted on the Property by Buyer and or its agents, including, without limitation, any damages to the Property or any property of any Tenant arising from or relating to any inspections, studies or tests performed by Buyer or its agents. The foregoing indemnification obligation of Buyer shall survive any termination of this Agreement or the delivery of the Deed and the Ground Lease Assignment, and the transfer of title to the Property. If this Agreement is terminated, Buyer shall deliver to Seller, upon Seller's payment of Buyer's costs therefor, the results and copies of any and all surveys, reports, tests or studies made by or for Buyer with respect to the Property.

Conduct of Inspections. (a) Any entry by Buyer onto the Property shall be subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations and the terms of any Leases in a manner so as to avoid any material interference with the operations and occupancy of the Property and to avoid any material disturbance of any of the Tenants or the possessory rights of any of the TenantsProperty. Buyer shall promptly restore the Property to its previous condition before any such inspections, studies, or tests were performed. (b) Buyer or its agents may undertake borings or other disturbances of the soil with Seller's prior written approval (not to be unreasonably withheld)approval, provided that the soil borings and other disturbances shall be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil shall be recompacted to the condition immediately before any such borings were undertaken. (c) Notwithstanding any general liability or other insurance that may be maintained by Buyer, Buyer hereby agrees to indemnify, defend and hold harmless Seller and its partners and its and their partners, shareholders, directors, officers, employees, and agents and all Tenants from and against any claims, losses or damages (including attorneys' fees and costs) arising directly from or in connection with the due diligence and inspection activities conducted on the Property by Buyer and or its agents, including, without limitation, any damages to the Property or any property of any Tenant arising from or relating to any inspections, studies or tests performed by Buyer or its agents. Notwithstanding the foregoing, Buyer shall have no liability of any kind for conditions discovered (but not caused by) Buyer's inspections, studies or tests. The foregoing indemnification obligation of Buyer shall survive any termination of this Agreement or the delivery of the Deed and the Ground Lease Assignment, and the transfer of title to the Property. If this Agreement is terminated, Buyer shall deliver to Seller, upon at no cost to Seller's payment of Buyer's costs therefor, the results and copies of any and all surveys, reports, tests or studies made by or for Buyer with respect to the Property.