Common use of Environmental Studies Clause in Contracts

Environmental Studies. Within 10 days after the Effective Date, Seller shall provide to Purchaser, at Seller’s cost and expense, copies of (1) all existing Environmental Site Assessments (whether Phase I, Phase II, or otherwise) covering all or any portion of the premises where the business is situated (Real Estate), to the extent the same are in Seller’s possession or Seller has access to them, and (2) any other environmental studies, reports, and information, including, without limitation, correspondence from governmental authorities, concerning the environmental condition of the Real Estate, to the extent the same are in Seller’s possession or Seller has access to them (the foregoing information, whether obtained by Purchaser or provided by Seller, is referred to collectively as the “Environmental Information”). At Purchaser’s option, subject to the consent of the owner of the Real Estate, Purchaser may obtain (1) new or updated Environmental Site Assessments for the Real Estate certified to Purchaser so that Purchaser may rely on same, and/or (2) a recertification of the existing Environmental Site Assessments to Purchaser, and/or (3) Phase II Environmental Site Assessments certified to both Seller and Purchaser. Without in any way limiting the provisions of the preceding sentence, Purchaser and its contractors and representatives, at Purchaser’s expense, shall have at least 60 days from the date hereof (Feasibility Period) within which to conduct any and all engineering, environmental, and economic feasibility studies and tests of the Real Estate that Purchaser, in Purchaser’s sole discretion, deems necessary to determine whether the Real Property is suitable for Purchaser’s intended use in terms of its engineering, environmental, and economic aspects. Seller grants to Purchaser and its contractors and representatives access to the Real Estate for the purpose of performing such studies or tests. Such persons shall conduct their studies and tests in such a manner as to minimize interference with the Business, and, on completion of their activities on the Real Estate, shall restore each parcel of real property as nearly as is reasonably possible to the condition it was in immediately before such activities.

Environmental Studies. Within 10 days after the Effective Datedate hereof, Seller shall provide to Purchaser, at Seller’s 's cost and expense, copies of (1a) all existing Environmental Site Assessments (whether Phase I, Phase II, II or otherwise) covering all or any portion of the premises where the business is situated (Real Estate)Mt. Morrxx Xxxd, to the extent the same are in Seller’s 's possession or Seller has access to them, and (2b) any other environmental studies, reports, reports and information, including, without limitation, correspondence from governmental authoritiesGovernmental Authorities, concerning the environmental condition of the Real EstateMt. Morrxx Xxxd, to the extent the same are in Seller’s 's possession or Seller has access to them (all of the foregoing information, whether obtained by Purchaser or provided by Seller, is being hereinafter referred to collectively as the “"Environmental Information”"). At Purchaser’s option, subject to the consent of the owner of the Real Estate, 's option (x) Purchaser may obtain (1) new or updated Environmental Site Assessments for the Real Estate Mt. Morrxx Xxxd certified to Purchaser so that Purchaser may rely on same, and/or (2y) a recertification of the existing Environmental Site Assessments to Purchaser, and/or (3z) Phase II Environmental Site Assessments certified to both Seller and Purchaser. Without in any way limiting the provisions of the preceding sentence, Purchaser and its contractors and representatives, at Purchaser’s 's expense, shall have at least 60 sixty (60) days from the date hereof (the "Feasibility Period") within which to conduct any and all engineering, environmental, environmental and economic feasibility studies and tests of the Real Estate that Mt. Morrxx Xxxd which Purchaser, in Purchaser’s 's sole discretion, deems necessary to determine whether the Real Property is environmentally, engineeringly and economically suitable for Purchaser’s 's intended use in terms of its engineeringuse. In accordance with Section 8.6 hereof, environmental, Seller has granted and economic aspects. Seller hereby grants to Purchaser and its contractors and representatives access to the Real Estate Mt. Morrxx Xxxd for the purpose of performing such studies or tests. Such persons shall conduct their studies and tests in such a manner as to minimize interference with the Business, and, on upon completion of their activities on the Real Estate, Mt. Morrxx Xxxd shall restore each parcel of real property as nearly as is reasonably possible to the condition it was in immediately before prior to such activities.

Environmental Studies. Purchaser has undertaken or is undertaking, with the consent of Seller, its own Phase I environmental site assessment ("ESA") with respect to the Real Property. Within 10 days after the Effective Datedate hereof, Seller shall provide to Purchaser, at Seller’s 's sole cost and expense, copies of (1a) all existing Environmental Site Assessments ESAs (whether Phase I, Phase II, II or otherwise) covering all or any portion of the premises where the business is situated (Real Estate)Property, to the extent the same are in Seller’s 's possession or Seller has access to them, and (2b) any other environmental studies, reports, reports and information, including, without limitation, correspondence from governmental authoritiesGovernmental Authorities, concerning the environmental condition of the Real EstateProperty, to the extent the same are in Seller’s 's possession or Seller has access to them (all of the foregoing information, whether obtained by Purchaser or provided by Seller, is being hereinafter referred to collectively as the “"Environmental Information”"). At Purchaser’s option, subject to the consent of the owner of the Real Estate, Purchaser may obtain (1) new or updated Environmental Site Assessments for the Real Estate certified to Purchaser so that Purchaser may rely on same, and/or (2) a recertification of the existing Environmental Site Assessments to Purchaser, and/or (3) Phase II Environmental Site Assessments certified to both Seller and Purchaser. Without in any way limiting the provisions of the preceding sentence, Purchaser and its contractors and representatives, at Purchaser’s 's expense, shall have at least 60 30 days from the date hereof hereof, but in no event less than 20 days from receipt of the Environmental Information (the "Feasibility Period") within which to conduct any and all engineering, environmental, environmental and economic feasibility studies and tests of the Real Estate that Property which Purchaser, in Purchaser’s 's sole discretion, deems necessary to determine whether the Real Property is environmentally, engineeringly and economically suitable for Purchaser’s 's intended use in terms of its engineering, environmental, and economic aspectsuse. Seller has granted and hereby grants to Purchaser and its contractors and representatives access to the Real Estate Property for the purpose of performing such studies or tests. Such persons shall conduct their studies and tests in such a manner as to minimize interference with the Business, and, on upon completion of their activities on the Real EstateProperty, shall restore each parcel of real property the Real Property as nearly as is reasonably possible to the condition it was in immediately before prior to such activities.

Environmental Studies. Seller shall cause the Company to, and the Company shall, at the Company's cost and expense, undertake or is undertaking a Phase I environmental site assessment ("ESA") with respect to the Real Property utilizing the party designated by Purchaser. Within 10 20 days after the Effective Datedate hereof, Seller shall provide to Purchaser, at Seller’s the Company's sole cost and expense, copies of (1a) all existing Environmental Site Assessments ESAs (whether Phase I, Phase II, II or otherwise) covering all or any portion of the premises where the business is situated (Real Estate)Property, to the extent the same are in Seller’s 's or the Company's possession or Seller has or the Company have access to them, and (2b) any other environmental studies, reports, reports and information, including, without limitation, correspondence from governmental authoritiesGovernmental Authorities, concerning the environmental condition of the Real EstateProperty, to the extent the same are in Seller’s 's or the Company's possession or Seller has or the Company have access to them (all of the foregoing information, whether obtained by Purchaser or provided by Seller, is being hereinafter referred to collectively as the “"Environmental Information”"). At Purchaser’s option, subject to the consent of the owner of the Real Estate, Purchaser may obtain (1) new or updated Environmental Site Assessments for the Real Estate certified to Purchaser so that Purchaser may rely on same, and/or (2) a recertification of the existing Environmental Site Assessments to Purchaser, and/or (3) Phase II Environmental Site Assessments certified to both Seller and Purchaser. Without in any way limiting the provisions of the preceding sentence, Purchaser and its contractors and representatives, at Purchaser’s 's expense, shall have at least 60 days from the date hereof hereof, but in no event less than 20 days from receipt of the Environmental Information (the "Feasibility Period") within which to conduct any and all engineering, environmental, environmental and economic feasibility studies and tests of the Real Estate that Property which Purchaser, in Purchaser’s 's sole discretion, deems necessary to determine whether the Real Property is environmentally, engineeringly and economically suitable for Purchaser’s 's intended use in terms use. Each of its engineering, environmental, Seller and economic aspects. Seller grants Company have granted and hereby grant to Purchaser and its contractors and representatives access to the Real Estate Property for the purpose of performing such studies or tests. Such persons shall conduct their studies and tests in such a manner as to minimize interference with the BusinessCompany's business, and, on upon completion of their activities on the Real EstateProperty, shall restore each parcel of real property the Real Property as nearly as is reasonably possible to the condition it was in immediately before prior to such activities.