Buyer Due. Diligence During the negotiating period and through the execution of the Contract, the Buyer intends to conduct such due diligence relating to the Project, the Seller and its proposed contractors and financing arrangements as it reasonably determines is necessary for entering into the Contract. Seller will fully cooperate with the examination, and provide all documents and information reasonably requested by the Buyer in connection therewith, subject to the terms of the existing confidentiality agreement between the Parties. Buyer will have the right to (a) Subject Understanding review and comment on the EPC Contract, including but not limited to the provisions related to the design basis (including future optionality on expansion), process equipment and material specifications, prior to the EPC Contract being executed, (b) review and comment on the Operations Agreement, including but not limited to the provisions related to delivery of Product Water and repair and replacement of process equipment, prior to the Operations Agreement being executed, and (c) approve the EPC Contractor and Operating Contractor, in each case, which approval will not be unreasonably withheld.
