![]() ![]() Seller will make reasonable efforts to have an agent available to accompany Purchaser or any Consultants, and in all events Seller shall have the right to have a representative present during any visits to or inspections of any Properties. Such notice shall describe the scope of the Due Diligence Purchaser intends to conduct during Purchaser's access to the Properties. Site Visits. (a) Purchaser and its authorized agents, contractors, consultants and representatives (the "Consultants") will have reasonable access to the Properties on at least 2 Business Days' prior notice to Seller during reasonable times as mutually agreed upon by Seller and Purchaser solely for the purpose of performing its Due Diligence, including, inspecting the physical, environmental and structural condition of the Properties and conducting non-intrusive physical inspections and tests (physically intrusive shall not mean activities that to a DE MINIMIS extent may cause a restoration obligation under this Agreement or involve taking minor sampling of building materials and the roofs and sampling for asbestos) provided, however, that such inspections or tests will not unreasonably disrupt or disturb (x) the ongoing operation of the Properties (y) any services to the Properties or (z) the quiet possession of any Tenants under Leases. The Design Professional shall promptly inform the Owner of all such actions, including copies of all notices and back up documentation. However, where such deficiencies are observed or where the Design Professional observes the CM/GC failing to execute the Work in accordance with the Contract Documents, the Design Professional shall promptly notify the CM/GC in writing of all such deficiencies and shall issue such notices of Non- Compliant Work he deems appropriate, including, when necessary, issuing a stop work order over such part of the Work as is necessary and expedient. The Design Professional shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Work, and shall not be responsible for a CM/ GC’s failure to carry out the work in accordance with the Contract Documents. The Design Professional shall maintain a log of all its visits to the site and by its consultants. The services of the Design Professional’s field representative, if any, shall not be utilized for checking shop drawings unless the field representative is a design professional of the firm or has a specific approval of the Owner. To the extent practicable for visits not on the schedule established under Paragraph 2.2.1.4 above, the Design Professional shall provide advance notice to the Owner and Using Agency of its site visits and by its consultants. The Design Professional shall see that he and its consultants make field observations and evaluations as called for in this Contract and during the critical phases of construction. ![]()
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