Inspection of the Property Clause Samples

Inspection of the Property. Purchaser shall have the right to perform such examinations, tests, investigations and studies of the Property (the “Inspections”) as Purchaser reasonably deems advisable in its sole discretion provided that: (i) Purchaser gives Seller reasonable prior written notice; (ii) such investigations are not invasive in nature; and (iii) Purchaser does not unreasonably interfere, as determined by Seller, with Seller’s operation of the Hotel or its guests at the Hotel or any tenants under any Leases. Purchaser shall order all third-party Inspections within five (5) Business Days of the Effective Date. Purchaser may conduct the Inspections with its officers, employees, contractors, consultants, agents or representatives (“Purchaser’s Inspectors”). Seller shall provide complete access to the Property for Purchaser’s Inspectors to perform the Inspections, subject to the rights of tenants and guests at the Property; provided, however, Purchaser shall coordinate with Seller and its agents to carry out any such Inspection so as to minimize, to the greatest extent possible, interference with Seller’s business and otherwise in a manner reasonably acceptable to Seller. Purchaser shall indemnify and hold Seller harmless from and against any and all liens, claims, causes of action, damages, liabilities and expenses (including reasonable attorneys’ fees and court costs actually incurred) arising out of Purchaser’s Inspections or tests or other entry onto the Property by Purchaser or its employees, agents, representatives, contractors and lenders and shall maintain adequate insurance to cover the foregoing, which insurance shall name Seller as an insured party; provided, however, that the foregoing indemnity shall not apply to any conditions that are discovered on, under or about the Property by Purchaser or its employees, agents, representatives, contractors and lenders. This indemnity shall survive the Closing or any earlier termination of this Agreement.

Inspection of the Property. There is no inspection period granted under this Contract. Purchaser hereby acknowledges its responsibility to perform due diligence with regard to its purchase of the Property, including, without limitation, any physical inspection of the Property it desired to make, prior to the auction event at which the Property is being sold. Purchaser further hereby acknowledges and agrees that (i) having been given the opportunity to inspect the Property, Purchaser is relying solely on its own investigation of the Property and not on any information that may have been provided or to be provided by Seller, Seller’s third party marketing contractor, or the auctioneer or any of their respective representatives, and (ii) any information provided by or on behalf of Seller with respect to the Property, including, without limitation, all information contained in any property information package previously made available to Purchaser by Seller, its third party marketing contractor, or the auctioneer, was obtained from a variety of sources and, while none of those parties has any reason to believe that such information contains any material inaccuracies, they make no representations or warranties, express or implied, at law or in equity, as to the validity, accuracy or completeness of such information or in any advertisements, press releases or promotional materials with respect to the sale of the Property.

Inspection of the Property. The Seller agrees to permit the Buyer to inspect the property at any reasonable time before the closing. The Seller will permit access for all inspections provided for in this contract.

Inspection of the Property. Lender has the right to enter and inspect the Property on reasonable prior notice, except in the case of an emergency, when no prior notice is necessary. Lender has the right to engage an independent expert to review and report on Borrower's compliance with Borrower's obligations under this Mortgage to maintain the Property, comply with Law and refrain from waste, impairment or deterioration of the Property and the alteration, demolition or removal of any of the Property except as may be permitted by the provisions of this Mortgage. If the independent expert's report discloses material failure to comply with such obligations or if Lender engages the independent expert after the occurrence of an Event of Default, then the independent expert's review and report will be at Borrower's expense, payable on demand.

Inspection of the Property. Buyer acknowledges that its employees, representatives, consultants and/or agents have inspected and completed environmental due diligence with respect to the Property.

Inspection of the Property. Mortgagor shall keep adequate records, accounts and books in accordance with GAAP and shall permit Mortgagee and its authorized representatives to enter the Facility and inspect the Mortgaged Property and examine the records, accounts and books of Mortgagor with respect thereto and make copies or extracts thereof, at Mortgagee's costs and expense, all upon reasonable advance notice and at such reasonable times as may be requested by Mortgagee, subject, however, to the rights of the tenants or occupants of the Facility. Notwithstanding the foregoing, after the occurrence and continuation of an Event of Default, Mortgagor shall pay any costs and expenses incurred by Mortgagee to examine Mortgagor's records, and accounts relating to the Mortgaged Property ▇▇ ▇▇▇▇▇agee shall determine to be necessary or appropriate in the protection of Mortgagee's interest.

Inspection of the Property. Subject to the rights of ----------- -------------------------- tenants under the Leases, Lender and its agents, attorneys, employees and contractors have the right to enter and inspect the Property on reasonable prior notice, during regular business hours, except during the existence of an Event of Default, when no prior notice is necessary. Borrower shall cooperate in such entries and inspections as Lender may request. Lender has the right to engage an independent expert to review and report on Borrower's compliance with Borrower's obligations under this Deed of Trust to maintain the Property, comply with Law and refrain from waste, impairment or deterioration of the Property and the alteration, demolition or removal of any of the Property except as may be permitted by the provisions of this Deed of Trust. If the independent expert's report discloses material failure to comply with such obligations or if Lender engages the independent expert after the occurrence of an Event of Default, then the independent expert's review and report will be at Borrower's expense, payable on demand.

Inspection of the Property. Purchaser, in making the decision to purchase has received and had an opportunity to inspect the Property, conduct such tests and investigations as Purchaser deems appropriate and review such other information as deemed necessary and has had full access to all the Property and information they consider necessary or appropriate to make an informed decision to purchase. EXCEPT AS SET FORTH HEREIN, PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, As To, CONCERNING OR WITH RESPECT To (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (C) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (D) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, (E) COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON THE PROPERTY OF HAZARDOUS MATERIALS OR (F) ANY OTHER MATTER WITH RESPECT To THE PROPERTY. EXCEPT AS SET FORTH HEREIN, THE SALE OF THE PROPERTY As PROVIDED FOR HEREIN Is MADE ON AN “As Is” “WHERE Is” CONDITION AND BASIS WITH ALL FAULTS.

Inspection of the Property. Subject to the rights of ------------ -------------------------- tenants under the Leases (and subtenants under Subleases), Lender has the right to enter and inspect the Land and Improvements on reasonable prior notice, except in the case of an emergency, when no prior notice is necessary. Lender has the right to engage an independent expert to review and report on Borrower's compliance with Borrower's obligations under this Mortgage to maintain the Property, comply with Law and refrain from waste, impairment or deterioration of the Property and the alteration, demolition or removal of any of the Property except as may be permitted by the provisions of this Mortgage. If the independent expert's report discloses material failure to comply with such obligations or if Lender engages the independent expert after the occurrence of an Event of Default, then the independent expert's review and report will be at Borrower's expense, payable on demand.