Common use of Entry onto the Property Clause in Contracts

Entry onto the Property. Upon the receipt by Purchaser of the Offer described in Section 1 hereof, Purchaser and/or Purchaser's agents shall have the right during the period of time when this Agreement is in effect, at reasonable times and on reasonable advance notice to Offeree, to enter onto the Property or portion thereof set forth in the Offer for purposes of surveying the Property and undertaking soil boring and other tests. All surveying and soil boring and other tests shall be performed at Purchaser's sole cost and expense and Purchaser shall deliver copies of all such surveys and the results of all such tests to Offeree at no cost or expense to Offeree. Purchaser hereby indemnifies, protects and holds Seller, HDLP and the affiliates of Seller harmless and agrees to defend Seller, HDLP and the affiliates of Seller from and against any and all claims, demands, loss, cost, damage, expense and liability (including, without limitation, personal injury and property damage claims and mechanics' or other liens), including reasonable attorneys' fees and litigation costs, caused by or occurring in connection with the presence of Purchaser or Purchaser's agents on the Property or the exercise by Purchaser of any of its surveying and testing rights under this Section 3. In addition, Purchaser shall keep the Property free from any liens of its surveying and testing rights under this Section. Purchaser, at its sole cost and expense, shall restore the Property to the same condition as existed prior to its entry onto the Property to the same condition as existed prior to its entry onto the Property. Notwithstanding anything to the contrary contained herein, the provisions of this Section shall survive the term of this Agreement (regardless of whether or not the Right is exercised), as well as any closing of the sale of the Property pursuant hereto or to any contract entered into between Seller, HDLP or an affiliate of Seller and Purchaser pursuant to any Offer.

Entry onto the Property. Upon the receipt by Purchaser of the Offer described in Section 1 hereof, Purchaser and/or Purchaser's agents shall have the right during the period of time when this Agreement is in effect, at reasonable times and on reasonable advance notice to OffereeSeller, to enter onto the Property or portion thereof set forth in the Offer for purposes of surveying the Property and undertaking soil boring and other tests. All surveying and soil boring and other tests shall be performed at Purchaser's sole cost and expense and Purchaser shall deliver copies of all such surveys and the results of all such tests to Offeree Seller at no cost or expense to OffereeSeller. Purchaser hereby indemnifies, protects and holds Seller, HDLP and the affiliates of Seller harmless and agrees to defend Seller, HDLP and the affiliates of Seller from and against any and all claims, demands, loss, cost, damage, expense and liability (including, without limitation, personal injury and property damage claims and mechanics' or other liens), including reasonable attorneys' fees and litigation costs, caused by or occurring in connection with the presence of Purchaser or Purchaser's agents on the Property or the exercise by Purchaser of any of its surveying and testing rights under this Section 3. In addition, Purchaser shall keep the Property free from any liens of its surveying and testing rights under this Section. Purchaser, at its sole cost and expense, shall restore the Property to the same condition as existed prior to its entry onto the Property to the same condition as existed prior to its entry onto the Property. Notwithstanding anything to the contrary contained herein, the provisions of this Section shall survive the term of this Agreement (regardless of whether or not the Right is exercised), as well as any closing of the sale of the Property pursuant hereto or to any contract entered into between Seller, HDLP or an affiliate of Seller and Purchaser pursuant to any Offer.

Entry onto the Property. Upon the receipt by Purchaser Offeree of the Offer described in Section 1 hereof, Purchaser and/or Purchaser's agents shall have the right during the period of time when this Agreement is in effect, at reasonable times and on reasonable advance notice to Offeree, to enter onto the Property or portion thereof set forth in the Offer for purposes of surveying the Property and undertaking soil boring and other tests. All surveying and soil boring and other tests shall be performed at Purchaser's sole cost and expense and Purchaser shall deliver copies of all such surveys and the results of all such tests to Offeree at no cost or expense to Offeree. Purchaser hereby indemnifies, protects and holds Seller, HDLP and the affiliates of Seller harmless and agrees to defend Seller, HDLP and the affiliates of Seller from and against any and all claims, demands, loss, cost, damage, expense and liability (including, without limitation, personal injury and property damage claims and mechanics' or other liens), including reasonable attorneys' fees and litigation costs, caused by or occurring in connection with the presence of Purchaser or Purchaser's agents on the Property or the exercise by Purchaser of any of its surveying and testing rights under this Section 3. In addition, Purchaser shall keep the Property free from any liens of its surveying and testing rights under this SectionSection 3. Purchaser, at its sole cost and expense, shall restore the Property to the same condition as existed prior to its entry onto the Property to the same condition as existed prior to its entry onto the Property. Notwithstanding anything to the contrary contained herein, the provisions of this Section shall survive the term of this Agreement (regardless of whether or not the Right is exercised), as well as any closing of the sale of the Property pursuant hereto or to any contract entered into between Seller, HDLP or an affiliate of Seller and Purchaser pursuant to any Offer.