Due Diligence Period. (a) During the period (the “Due Diligence Period”) beginning on the Effective Date and ending at 5:00 p.m. Eastern time on November 19, 2014 (the “Expiration of the Due Diligence Period”), Purchaser shall have the right, upon a minimum of one Business Day’s prior telephonic or written notice to Seller, to make a physical inspection of the Property, including (i) a non-invasive inspection of the environmental condition thereof and such non-invasive physical engineering and other studies and tests on the Property as Purchaser deems appropriate in its sole discretion and (ii) with Seller’s consent, which Seller may withhold in its sole discretion, further inspections of the environmental condition of the Property and further physical engineering and other studies and tests on the Property that are invasive or could alter the physical condition of the Property (including examination of materials, soil samples, and groundwater). Prior to performing any inspection or test (whether non-invasive or otherwise), Purchaser must deliver a certificate of insurance to the applicable Seller evidencing that Purchaser and its contractors, agents and representatives have in place comprehensive general liability insurance (with policy limits of at least $1,000,000 per occurrence and $2,000,000 aggregate) and for workers’ compensation insurance (with policy limits not less than statutory requirements) for its activities on the Property on terms reasonably satisfactory to Seller covering any accident arising in connection with the presence of Purchaser, its contractors, agents and representatives on the Property, which insurance shall name Seller and the Company as additional insureds thereunder and Purchaser shall bear the cost of all such inspections or tests. All third-party professional inspection companies or individuals shall be duly licensed. Notwithstanding the foregoing, Purchaser shall give no fewer than two Business Days’ notice to Seller prior to inspecting any Tenant occupied portions of the Property. Subject to the provisions of this Section 2.3, Purchaser upon prior notice to Seller may meet with the current property manager at the Property. At Purchaser’s request, and to the extent in Seller’s or the Company’s possession, Seller shall make available to Purchaser copies of the maintenance records and reports for the Property. Purchaser shall (i) exercise reasonable care at all times that Purchaser shall be present upon the Property, (ii) at Purchaser’s expense, ...
Due Diligence Period. The expiration date of the Due Diligence Period is extended from September 5, 1997 to and including September 15, 1997.
Due Diligence Period. Property is being sold subject to a Due Diligence Period of days from the Binding Agreement Date. b.
Due Diligence Period. Purchaser shall have a period of 120 days from the date of this Agreement (the "Due Diligence Period") to conduct tests, investigations, feasibility studies, soil borings, inspections and general analysis in order to satisfy Purchaser, in Purchaser's sole discretion, that the Premises is feasible for Purchaser's Intended Use. Purchaser and its agents shall have the right to enter onto the Premises for the purpose of surveying, testing and examining same including but not limited to inspection of existing buildings for environmental conditions and underground storage tanks for the entire period this Agreement is in effect. These tests, investigations, etc. shall be conducted in a manner not to interfere with the operations at the Premises. Purchaser may terminate this Agreement, for any reason in Purchaser's sole discretion, upon written notice to the Seller prior to the end of the Due Diligence Period. If Purchaser lawfully terminates this Agreement, Seller shall return any payments made by Purchaser as the full deposit and this Agreement shall become null and void and the parties shall have no further obligation to each other except as otherwise provided herein. During the Due Diligence Period, Seller will provide Purchaser with the opportunity to make full and independent investigation of all of: (a) the facts concerning the transaction contemplated by the Agreement (including the condition of the Premises or any part thereof); and (b) the correspondence, instruments, agreements, contracts, books, documents, records, plans, drawings, specifications, brochures, licenses, registrations, consents, permits, approvals and authorizations relating to the Premises and the transaction contemplated by the Agreement which are in the possession or control of the Seller. Seller has or will provide Purchaser with those documents within its possession or control related to the Premises and this transaction and will immediately, upon execution of this Agreement, provide any additional documents which come into its possession or control. Seller states that it does not have a substantial number of documents or materials in this regard, but Seller agrees to cooperate fully with Purchaser in identifying the locations of materials not in its possession or control, but has no obligation to obtain such documents. Purchaser shall begin its investigation of the status of the Premises in all respects with due diligence and haste immediately upon the execution of this Agreement an...
Due Diligence Period. Buyer shall have until 5 p.m. Alaska Standard Time on the date that is thirty (30) days after the Effective Date (the “Due Diligence Period”), within which to satisfy itself as to the Property and its condition and suitability for Buyer’s intended use (the “Inspection Contingency”). In consideration of the foregoing, Seller shall cooperate in good faith to provide to Buyer any written information in Seller’s possession relevant to the sale of the Property regarding the condition thereof, and any other documentation or information related to the Property reasonably requested by Buyer, to the extent not already disclosed in connection with the Invitation to Bid. Prior to the expiration of the Due Diligence Period, Buyer may terminate this Agreement at any time by delivering written notice thereof to Seller. If this Agreement has not previously been terminated in accordance with the preceding sentence, on or prior to the expiration of the Due Diligence Period, Buyer may give written notice to Seller that it waives the Inspection Contingency. Upon waiver by Buyer of the Inspection Contingency, the Xxxxxxx Money Deposit shall become nonrefundable, except as otherwise expressly provided in this Agreement. If this Agreement has not previously been terminated in accordance with this Section 3.1, Buyer shall be deemed to have waived the Inspection Contingency and thereafter the Xxxxxxx Money Deposit shall not be refunded to Buyer except as otherwise expressly provided in this Agreement. If this Agreement is terminated pursuant to this Section 3.1, Seller shall return the Xxxxxxx Money Deposit to Buyer, and, if requested by Seller, Buyer shall immediately destroy or return all information provided to Buyer in connection with Buyer’s due diligence, and neither party shall have any further rights or obligations under this Agreement except those that expressly survive termination of this Agreement.
Due Diligence Period. Buyer shall have from the Effective Date until April 29, 2011 (such period being the “Due Diligence Period”) to physically inspect the Property, review the economic data, conduct appraisals, perform examinations of the physical condition of the Improvements, and to otherwise conduct such due diligence review of the Property in accordance with the terms hereof and a review all of the items to be furnished by Seller to Buyer pursuant to Section 3.3, and all records and other materials related thereto as Buyer deems appropriate.
Due Diligence Period. The Buyer: (check one) ☒ - Requires a due diligence period to inspect the finances and agreements of the Business Entity. The decision as to whether the Shares of Stock is suitable for its intended purposes shall be the sole decision of Buyer, determined in the absolute discretion of Buyer, with Buyer’s decision being final and binding upon the Parties. Buyer shall have until July 15th, 2020, at 05:00 ☐ AM ☒ PM to notify Seller of its termination of this Agreement ("Inspection Period"). If the Buyer decides to terminate this Agreement during the Inspection Period, any Deposit made shall be returned to the Buyer. ☐ - Does not require a due diligence period to review the finances and agreements of the Business Entity.
Due Diligence Period. The expiration of the Due Diligence Period, as defined in Section 10(a) of the Contract, is hereby extended to November 3, 2017.
Due Diligence Period. Buyer shall have a period of sixty (60) days following the Contract Date to complete its examination of the Property in accordance with this Section 3 (the “Due Diligence Period”).
Due Diligence Period. The Buyer shall have fourteen (14) calendar days from the day escrow opens as a “Due Diligence Period” to investigate and conduct studies on the Property. During this period, Buyer shall have an opportunity to investigate and inspect all aspects of the Property, subject to the provisions of Paragraph 13 hereof, and determine, in the Buyer’s sole and absolute discretion, whether or not to acquire the Property pursuant to the terms and conditions set forth herein. Any studies undertaken by Buyer during the Due Diligence Period will be at Buyer’s expense. Buyer shall have the right to review any title reports, surveys, toxic and soil studies and all other correspondence and documents relating to the Property that are in CITY’s possession. CITY agrees that if additional documentation relating to the Property comes into CITY’s possession after expiration of the Due Diligence Period, CITY shall provide copies of such documents promptly to Buyer. Buyer acknowledges that CITY makes no representation or warranty whatsoever as to the accuracy or completeness of any information provided to Buyer or made available to Buyer under this paragraph.
