Inspections and Studies. Prior to the Effective ----------------------- Date, Buyer has had the right to approve or disapprove, in Buyer's sole and absolute discretion, the results of any and all inspections, investigations, tests and studies, including, without limitation, investigations with regard to zoning, building codes and other governmental regulations; architectural inspections; engineering tests; soils, seismic and geologic reports; inspections of all or any portion of the Improvements (including, without limitation, structural, mechanical and electrical systems, roofs, pavement, landscaping and public utilities); inspections, investigations, tests and studies with respect to the environmental condition of the Property; and any other physical inspections and/or investigations as Buyer may elect to make or obtain. The failure of Buyer to give Seller written disapproval of said results on or prior to the Effective Date shall be deemed to constitute Buyer's approval thereof. During the term of this Escrow, Buyer, its agents, consultants, contractors and subcontractors shall have the right to enter upon the Real Property (subject to the terms of the Leases) to conduct environmental tests, inspect the Improvements, monitor and inspect the construction activities at the Property, if any, and to conduct or make any and all inspections and tests (including, without limitation, environmental assessments of the Land, Buildings and Improvements and structural assessments of the Buildings and Improvements) as may be necessary or desirable in Buyer's discretion, provided that such inspections and tests do not materially interfere with the tenants' use or enjoyment of the Property. Prior to the exercise of the right of entry, and at all times while Buyer or its agents are present upon the Real Property, Buyer shall arrange for, keep and maintain in full force and effect a policy of commercial general liability insurance with a per occurrence limit of not less than $1,000,000 and an aggregate single limit of at least $1,000,000. Buyer hereby indemnifies, agrees to defend, and holds Seller and the Property harmless from and against any and all costs, losses, damages, liabilities, liens, claims and expenses arising out of or resulting from such entry by Buyer or its agents, consultants, contractors and subcontractors. Buyer agrees to return the Property to substantially the same condition in which the Property was prior to Buyer's making any inspection.
Inspections and Studies. By the end of the Due Diligence Period, Buyer must obtain and approve the results of any and all inspections, investigations, tests and studies as Buyer may have elected to make or obtain within the Due Diligence Period including, without limitation, soils testing; environmental and wetlands assessment; adequate ingress and egress; availability and use of utilities adequate for Buyer’s purposes; feasibility, including but not limited to, financial feasibility and of using and developing the Real Property for Buyer’s purposes; the management of storm water; review of Sellers’ documents described in Section 9.2 below; zoning and related development requirements; permitting; variances; development agreements; and all other approvals necessary and satisfactory to Buyer. Buyer must notify Seller in writing delivered to Seller prior to the expiration of the Due Diligence Period if it disapproves of any such results. Buyer will pay for all such inspections, tests and studies.
Inspections and Studies. The "Contingency Period" shall be 30 days and not 15 days.
Inspections and Studies. Buyer will have until 6:00 p.m. (California time) on the expiration of the Due Diligence Period to conduct (as applicable) and review and approve any and all inspections, investigations, tests, studies (including feasibility studies and other economic models) and appraisals as Buyer may have elected to make or obtain with respect to the Property and/or the operation and financial condition of the Property, including, without limitation, calculations of floor areas, financial analyses of the books and records, environmental inspections and studies, structural and mechanical investigations, appraisals, and analyses of the Property's compliance with Governmental Regulations. Buyer and Buyer's representatives, agents and designees will have the right to enter the Property at all reasonable times, upon reasonable oral notice to Seller to perform all such investigations of the Property and to conduct interviews with (i) tenants of the Property, (ii) property management personnel of Seller, and (iii) such other parties as Buyer may deem appropriate in its sole discretion (provided that no such interview shall occur unless Buyer has notified Seller of its interest in conducting any such interview and provided Seller or a Seller representative with an opportunity to be present for any such interview). Seller will cooperate with Buyer and its representatives in that regard. Seller shall deliver to Buyer at Seller's sole cost and expense, within five (5) days (unless indicated otherwise below) following the date this Agreement is executed and delivered by Buyer and Seller, all information in Seller's possession or control which is reasonably related to the Property, plus the following items:
Inspections and Studies. Buyer will have until 6:00 p.m. (California time) on the expiration of the Due Diligence Period to conduct (as applicable) and review and approve any and all inspections, investigations, tests, studies (including feasibility studies and other economic models) and appraisals as Buyer may have elected to make or obtain with respect to the Property and/or the operation and financial condition of the Property, including, without limitation, financial analyses of the books and records, environmental inspections and studies, structural and mechanical investigations, appraisals, and analyses of the Property's compliance with Governmental Regulations. Buyer and Buyer's representatives, agents and designees will have the right to enter the Property at all reasonable times, upon reasonable oral notice to perform all such investigations of the Property, and to conduct interviews with (i) tenants of the Property, (ii) property management personnel of Seller, and (iii) such other parties as Buyer may deem appropriate in its sole discretion. Seller will cooperate with Buyer and its representatives in that regard. Seller shall deliver to Buyer at Seller's sole cost and expense, within five (5) days (unless indicated otherwise below) following the date this Agreement is executed and delivered by Buyer and Seller, all information in Seller's possession or control which is reasonably related to the Property, plus the following items:
Inspections and Studies. On or before forty-five (45) days after the date of this Agreement (the "CONTINGENCY DATE"), Buyer shall have approved or disapproved, in Buyer's sole discretion, the results of its reviews of (A) any and all inspections, investigations, tests and studies with respect to the Property, including investigations with regard to zoning, building codes, governmental regulations, building inspections, engineering tests, soils, seismic and geologic reports, and environmental reports, and (B) all Leases, Contracts, Operating Agreements, the Existing Encumbrance and all other agreements, books, records and the like delivered to Buyer or made available to it hereunder (collectively, the "DOCUMENTS"). Should Buyer disapprove of any such inspections, studies or Documents, Buyer shall give Seller written notice thereof ("BUYER'S INSPECTION NOTICE") prior to the Contingency Date specifying in reasonable detail the reasons for Xxxxx's disapproval. Buyer acknowledges having previously reviewed and approved the economic feasibility of this transaction on the basis of the information and material which Seller or its broker made available to Buyer prior to the date of this Agreement. Additionally, Xxxxx has previously reviewed the physical inspection report on the Property dated November 10, 1995 prepared by Interactive Resources for Beneficiary and Xxxxxx's response letter to Beneficiary dated December 4, 1995 (collectively, the "INSPECTION REPORT") and has considered the items referenced therein in its underwriting of this transaction prior to the date of this Agreement; provided, however and notwithstanding the foregoing, Buyer shall have the right in its sole discretion to approve or disapprove all matters to be reviewed hereunder. The failure of Buyer to deliver to Seller a Buyer's Inspection Notice on or before the Contingency Date shall be deemed Buyer's approval of the Property and of all such inspections and studies and Documents with respect to the Property. If Buyer delivers to Seller Buyer's Inspection Notice on or before the Contingency Date, Seller shall, within five (5) days after its receipt of the Buyer's Inspection Notice, give Buyer written notice ("SELLER'S INSPECTION NOTICE") of Seller's election to (i) exercise Seller's good faith efforts to remedy the disapproved matter(s) prior to the Closing Date, (ii) take no action with respect to the disapproved matter(s) or (iii) if the estimated cost to remedy the disapproved matter(s) (taken together) is mutuall...
Inspections and Studies. During the Contingency Period, (i) Buyer shall have the right to conduct any and all inspection and evaluations of the Property to Buyer’s satisfaction; and (ii) Buyer shall have determined that the Property is clean of contamination, toxic and/or hazardous materials, to Buyer’s satisfaction. In the event that inspection finds that remediation is necessary, Buyer may cancel this Agreement at any time prior to the expiration of the Contingency Period. Seller shall not be obligated to perform or bear the financial burden of any remediation work. DRAFT
Inspections and Studies. On or before the Contingency Date (the “Due Diligence Period”), Buyer shall have approved the results of any and all inspections, investigations, tests and studies (including, without limitation, investigations with regard to zoning, building codes and other Governmental Regulations, economic feasibility studies, market studies, environmental risk assessment studies and testing, appraisals, soils, seismic and geological reports) with respect to the Property, and approvals (including without limitation development agreements, site plan reviews, short plats, boundary line adjustments, planning approvals, grading permits, preliminary analysis and determination of utility services available to the Property, SWAPCA approval, obtaining and acceptable mitigated determination of non- significance, concurrency approvals) subject to the limitations of Section 24(r), as Buyer may elect to make or obtain as Buyer deems necessary or desirable, in its sole discretion. The cost of any such inspections, tests, studies and approvals shall be borne by Xxxxx. Notwithstanding the above, it is understood and expressly agreed to by the parties that no development agreements shall be executed, short plats approved, boundary line adjustments agreed to, or permits issued prior to the Close of Escrow.
Inspections and Studies. If Buyer does not terminate this Agreement prior to the expiration of the Due Diligence Period, Buyer shall be deemed to have approved the results of any and all inspections, investigations, tests and studies as Buyer may have elected to make or obtain within the Due Diligence Period. If Buyer does not terminate this Agreement prior to the expiration of the Due Diligence Period, Buyer will be deemed to have accepted the condition of the Property and all matters relating to the Property as referenced in Paragraph 8.1. Buyer will pay for all such inspections, tests and studies. In the event this Agreement is terminated prior to Closing, Buyer will give copies of all inspections, investigations, tests or studies to Seller as a condition precedent to the return of the Deposit.
Inspections and Studies. On or before the expiration of the Contingency Period, Buyer shall have the right to approve or disapprove, in Buyer's sole, absolute and subjective discretion, the results of any and all inspections, investigations, tests and studies, including, without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections, engineering tests, economic feasibility studies and soils, seismic and geologic reports, as well as toxic and environmental reports with respect to the Property, inspections of all or any portion of the Improvements (including, without limitation, structural, mechanical and electrical systems, roofs, pavement, landscaping and public utilities), and any other physical inspections and/or investigations as Buyer may elect to make or obtain. The failure of Buyer to approve said results on or prior to the expiration of the Contingency Period shall be deemed to constitute Buyer's disapproval thereof, in which event this Agreement shall
