ANY INSPECTION ACTIVITIES PERFORMED BY HSRE ON THE
PROPERTY.
HSRE SHALL NOT DISTURB THE TENANTS ON THE PROPERTY, AND HSRE'S
INSPECTION SHALL BE SUBJECT TO THE RIGHTS OF TENANTS UNDER THE LEASES.
DURING
THE DUE DILIGENCE PERIOD, EXTRA SPACE SHALL PROVIDE TO HSRE, FROM TIME TO TIME
AT THE REQUEST OF HSRE, COPIES OF CURRENT REPORTS AND INFORMATION WITH RESPECT
TO THE FACILITIES WHICH ARE AVAILABLE FROM THE CENTER SHIFT PROPERTY MANAGEMENT
SYSTEM ("CENTER SHIFT").
IF ANY INSPECTION OR TEST DISTURBS THE PROPERTY, HSRE
WILL RESTORE THE PROPERTY TO THE SAME CONDITION AS EXISTED BEFORE THE INSPECTION
OR TEST.
HSRE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS EXTRA SPACE AND EXTRA
SPACE'S PARTNERS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS,
AFFILIATES, TENANTS, AGENTS, CONTRACTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS
("EXTRA SPACE RELATED PARTIES") AND THE PROPERTY FROM AND AGAINST ANY AND ALL
LOSSES, COSTS, DAMAGES, CLAIMS, OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS'
FEES, ARISING OUT OF OR IN
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CONNECTION WITH ANY ENTRY OR INSPECTIONS PERFORMED BY HSRE, ITS AGENTS OR
REPRESENTATIVES.
THE PROVISIONS OF THIS SECTION 8.2.1 SHALL SURVIVE THE CLOSING
OR ANY TERMINATION OF THIS AGREEMENT.
8.2.2
ENVIRONMENTAL INSPECTIONS.
THE INSPECTIONS PERMITTED UNDER
SECTION 8.2, MAY INCLUDE A NON-INVASIVE PHASE I ENVIRONMENTAL INSPECTION OF THE
PROPERTY, BUT NO PHASE II ENVIRONMENTAL INSPECTION OR OTHER INVASIVE INSPECTION
OR SAMPLING OF SOIL OR MATERIALS, INCLUDING WITHOUT LIMITATION CONSTRUCTION
MATERIALS, EITHER AS PART OF THE PHASE I INSPECTION OR ANY OTHER INSPECTION,
SHALL BE PERFORMED WITHOUT THE PRIOR WRITTEN CONSENT OF EXTRA SPACE, WHICH MAY
BE WITHHELD IN EXTRA SPACE'S SOLE AND ABSOLUTE DISCRETION, AND IF CONSENTED TO
BY EXTRA SPACE, THE PROPOSED SCOPE OF WORK AND THE PARTY WHO WILL PERFORM THE
WORK SHALL BE SUBJECT TO EXTRA SPACE'S REVIEW AND APPROVAL.
HSRE SHALL DELIVER
TO EXTRA SPACE COPIES OF ANY PHASE I, PHASE II OR OTHER ENVIRONMENTAL REPORT TO
WHICH EXTRA SPACE CONSENTS AS PROVIDED ABOVE.
8.2.3
TITLE AND SURVEY REVIEW.
DURING THE DUE DILIGENCE PERIOD, HSRE
SHALL REVIEW:
EXTRA SPACE'S EXISTING TITLE INSURANCE POLICIES WITH RESPECT TO
THE PROPERTY AND EXTRA SPACE'S EXISTING SURVEYS WITH RESPECT TO THE PROPERTY.
HSRE MAY ORDER, AT HSRE'S EXPENSE, UPDATES ON THE EXISTING SURVEYS.
HSRE MAY,
AT ITS SOLE EXPENSE, OBTAIN DURING THE DUE DILIGENCE PERIOD ANY ADDITIONAL TITLE
COMMITMENT(S) (THE "TITLE COMMITMENTS") FROM CHICAGO TITLE INSURANCE COMPANY,
NATIONAL OFFICE, AT 171 N. CLARK STREET, 3RD FLOOR, CHICAGO, IL 60601,
ATTENTION: RONALD K. SZOPA, AS THE "ESCROW AGENT" OR "TITLE INSURER", OR SURVEY
UPDATES DESIRED BY HSRE.
HSRE SHALL WORK DIRECTLY WITH THE TITLE INSURER TO
RESOLVE ANY OBJECTIONS TO EXCEPTIONS SET FORTH ON THE TITLE COMMITMENTS AND
SHALL PROVIDE EXTRA SPACE WITH COPIES OF FINAL, REVISED TITLE COMMITMENTS OR PRO
FORMA POLICIES, WHICH SET FORTH ONLY THOSE TITLE EXCEPTIONS THAT HAVE BEEN
ACCEPTED BY HSRE (THE "APPROVED TITLE MATTERS").
EXTRA SPACE SHALL HAVE NO
OBLIGATION TO REMOVE ANY EXCEPTIONS TO TITLE REFLECTED ON THE TITLE COMMITMENTS
EXCEPT LIENS OF AN ASCERTAINABLE AMOUNT CREATED BY EXTRA SPACE (BUT SPECIFICALLY
NOT INCLUDING LIENS TO SECURE THE