|
4.1.11 All Warranties; i
<br /> 4.1.12 All envi•omnental reports (including any currently existing Phase I or Phase II reports,
<br /> i.
<br /> inspection reports, audits, compliance documentation, permits, closure letters, no-action letters, no-association
<br /> letters,and other environmental documents and records)pertaining to the Property or any activities or operations
<br /> at any time on the Property and copies of all records concerning the presence, location,and quantity of Hazardous
<br /> Substances,asbestos containing materials and presumed asbestos containing materials at the Property;
<br /> 4.1.13 Any prior surveys of the Property;
<br /> 4.1.14 Insurance policies,insurance certificates delivered by Tenants,and claims documentation for
<br /> the current calendar year and for the immediately preceding three calendar years with respect to the insurance
<br /> maintained on the Property or any portion thereof;
<br /> 4.1.15 Any other information or documentation relating to the design,construction, layout,structure,
<br /> mechanical, electrical, and plumbing systems, fire protection systems and subsurface conditions relating to the
<br /> Property which Buyer requests in writing from Seller.;and
<br /> 4,1.16 Those Records requested by Buyer.
<br /> 4.2 Physical Inspection.Subject to the rights of Tenants under the Leases and any rights or restrictions
<br /> under any of the Permitted Title Exceptions, Buyer and its agents will have the right,from time to time prior to the
<br /> Closing, to enter upon the Property to examine the same and the condition thereof and to conduct such surveys and
<br /> to make such engineering and other inspections, tests,and studies as Buyer determines to be reasonably necessary,
<br /> all at Buyer's sole cost and expense.
<br /> Buyer will give Seller advance notice of such examinations or surveys and will conduct such examinations
<br /> or surveys during normal business hours to the extent practicable. Buyer will conduct all examinations and surveys
<br /> of the Property in a manner that will not harm or damage the Property or cause any claim adverse to Seller or default
<br /> under any Lease,and will restore the Property to its condition prior to any such examinations or surveys immediately
<br /> after conducting the same.
<br /> If it is not reasonably practical to restore the Property to its condition prior to such examinations or surveys,
<br /> Buyer will not be required to restore the Property if prior to undertaking any such examination or surveys,Buyer
<br /> receives the written approval of Seller that it will not be required to restore the Property.Buyer will indemnify,
<br /> defend,and hold Seller harmless from and against any claims for injury or death to persons,damage to property or
<br /> other losses,damages or claims,including,without limitation,clams of any Tenants,and including,in each instance,
<br /> reasonable attorney's fees and litigation costs,arising out of any action of any person or firm entering the Property on
<br /> Buyer's behalf as aforesaid,which indemnity will survive the Closing and any termination of this Agreement without
<br /> the Closing having occurred. Notwithstanding the foregoing, Buyer will not be liable merely for the discovery of a
<br /> preexisting condition at the Property,
<br /> 4.3 Survey,Within 30 days after the Contract Date,Buyer may obtain,at Buyer's expense,and deliver
<br /> to Seller a current, ALTA/ACSM as-built survey of the Property prepared by a registered land surveyor in form
<br /> acceptable to Buyer(the"Survey"), The Survey will(a)be completed in accordance with the"Minimum Standard
<br /> Detail Requirements for ALTA/ASCM Land Title Surveys," as jointly established and adopted by ALTA and NSPS
<br /> in 2011 (the"Requirements"), and include Items 1,2, 3,4, 6(b),7(a),7(b)(1),7(c),8, 9, 10(a), I l(b), 13, 14, 16,
<br /> 17, 18, 19 and 20(a) of Table A thereof and certified to Seller, Buyer, Buyer's lender and Title Company;(b)
<br /> have one legal description of the Property;(c) show all easements, rights-of-way, setback lines, encroachments,
<br /> and other matters affecting the use or development of the Property; (d) show the number and location of all
<br /> Page 7 of 38
<br />
|