Common use of Responsibility of Purchaser Clause in Contracts

Responsibility of Purchaser. Purchaser agrees to repair any damage to the Property caused by the entry of Purchaser or any of Purchaser’s agents, employees, contractors and other representatives upon the Property, and Purchaser shall be responsible for any and all Damages solely and directly caused by Purchaser’s due diligence, as permitted under this Section 3.2; provided, however, Purchaser is not liable for any losses, liens, claims, demands, liabilities, costs, damages, expenses, or judgments resulting from any unfavorable test result or the discovery of any undesirable existing condition on, in, under or about the Property, such exclusion including, without limitation, any loss resulting from any decrease in the fair market value of all or any portion of the Property or the inability of Seller to market the Property due to any such discovery or unfavorable test result. For the avoidance of doubt, Purchaser’s indemnification obligations herein will not arise if losses arise to Seller due to existing facts or conditions that were discovered in connection with the due diligence. The provisions of this Section 3.2 shall survive the Closing.