Common use of Environmental Inspections Clause in Contracts

Environmental Inspections. For a period of twenty (20) days following the execution of this Agreement (the “Environmental Inspection Period”), Buyers and Buyers’ agents, representatives and contractors shall have the right to enter upon the Real Estate for the purpose of conducting such tests, assessments, evaluations and investigations as Buyers may determine in their sole discretion, in order to evaluate and determine the current environmental condition of the Real Estate, including without limitation Phase I or Phase II environmental assessments of the Real Estate. Within ten (10) days after the expiration of the Environmental Inspection Period, Buyers shall give written notice to Sellers if Buyers have identified any breach of Section 3.10 (“Environmental Conditions”). Buyers shall provide Sellers with a copy of Buyers’ Environmental Inspections reflecting such Environmental Conditions. If Buyers give notice of any Environmental Conditions to Sellers, and if such Environmental Conditions constitute a breach of Section 3.10, then Sellers (i) shall, at their sole cost and expense, cure or remedy such Environmental Conditions to Buyers’ reasonable satisfaction on or before Closing or (ii) may elect not to cure or remedy such Environmental Conditions, and shall give written notice of its election to Buyers within ten (10) days after Buyers’ notice of Environmental Conditions. Within ten (10) days of Buyers’ receipt of Sellers’ notice that Sellers have elected not to cure or remedy any Environmental Conditions, Buyers may elect to (i) waive such Environmental Conditions and close or (ii) elect to terminate this Agreement. If Sellers fail to timely give notice of its election as herein provided, Sellers shall be deemed to have elected not to cure or remedy the Environmental Conditions, whereupon Buyers may elect to waive such Environmental Conditions and close or terminate this Agreement as provided in the immediately preceding sentence.

Environmental Inspections. Seller has provided Buyer with the Existing Environmental Reports listed on Exhibit 8.7(5) attached hereto (the “Existing Environmental Reports”). For a period of twenty thirty (2030) days following the execution of this Agreement (the “Environmental Inspection Period”), Buyers Buyer and Buyers’ Buyer’s agents, representatives and contractors shall have the right to enter upon the Real Estate for the purpose of conducting such tests, assessments, evaluations and investigations as Buyers Buyer may determine in their its sole discretion, in order to evaluate and determine the current environmental condition of the Real EstateEstate (“Buyer’s Environmental Inspections”), including without limitation (i) a Phase I or Phase II environmental assessments assessment of the Real EstateEstate or (ii) updates of the existing Environmental Reports in order to bring them current under the AAI standards for CERCLA, with the Buyer being added as a party to the Existing Environmental Reports by amendment thereto or by a reliance letter reasonably satisfactory to Buyer. Within ten fifteen (1015) days after the expiration of the Environmental Inspection Period, Buyers Buyer shall give written notice to Sellers Seller if Buyers have Buyer has identified any environmental condition not shown by or reflected in the Existing Environmental Reports that constitutes a breach of Section 3.10 (“Environmental Conditions”). Buyers Buyer shall provide Sellers Seller with a copy of Buyers’ Buyer’s Environmental Inspections reflecting such Environmental Conditions. If Buyers give Buyer gives notice of any Environmental Conditions to SellersSeller, and if such Environmental Conditions constitute a breach of Section 3.10, then Sellers Seller (i) shallmay elect, at their its sole cost and expense, to cure or remedy such Environmental Conditions to Buyers’ Buyer’s reasonable satisfaction on or before Closing or (ii) may elect not to cure or remedy such Environmental Conditions, and shall give written notice of its election to Buyers Buyer within ten twenty (1020) days after Buyers’ Buyer’s notice of Environmental Conditions. Within ten twenty (1020) days of Buyers’ Buyer’s receipt of Sellers’ Seller’s notice that Sellers have Seller has elected not to cure or remedy any Environmental Conditions, Buyers Buyer may elect to (i) waive such Environmental Conditions and close or (ii) elect to terminate this Agreement. If Sellers fail Seller fails to timely give notice of its election as herein provided, Sellers Seller shall be deemed to have elected not to cure or remedy the Environmental Conditions, whereupon Buyers Buyer 30 may elect to waive such Environmental Conditions and close or terminate this Agreement as provided in the immediately preceding sentence.

Environmental Inspections. For a period of twenty (20) 90 days following the execution of this Agreement (the “Environmental Inspection Period”), Buyers Purchaser and Buyers’ Purchaser’s agents, representatives and contractors contractors, shall have the right to enter upon the Real Estate Property for the purpose of conducting conducting, or causing to be conducted, such tests, assessments, studies, reports, evaluations and investigations as Buyers Purchaser may determine in their its sole discretion, in order to evaluate and determine the current environmental condition of the Real Estate, including without limitation Phase I or Phase II environmental assessments reports in order to evaluate and determine the environmental condition of the Real EstateProperty (“Purchaser’s Environmental Inspections”). Within ten During the Environmental Inspection Period, HCA and its Affiliates will make available to Purchaser and its agents, representatives and contractors conducting Purchaser’s Environmental Inspections copies of any prior environmental investigations, reports, studies, tests, assessments and other documentation prepared by or for HCA and its Affiliates and in their possession, custody or control (10) days after “Seller’s Environmental Information”). On or before the expiration of the Environmental Inspection Period, Buyers Purchaser shall give written notice to Sellers HCA if Buyers have Purchaser has identified any breach of Section 3.10 3.19 (“Environmental Conditions”). Buyers Purchaser shall provide Sellers HCA with a copy of Buyers’ Purchaser’s Environmental Inspections reflecting such Environmental ConditionsInspections. If Buyers give Purchaser gives notice of any Environmental Conditions (“Purchaser’s Environmental Notice”) to SellersHCA, and if such Environmental Conditions constitute a breach of Section 3.103.19, then Sellers HCA (i) shall, shall at their its sole cost and expense, cure or remedy such Environmental Conditions to Buyers’ Purchaser’s reasonable satisfaction on or before Closing (which cure or remedy may include an agreement by HCA that is reasonably acceptable to Purchaser to indemnify Purchaser from any Damages resulting from such Environmental Conditions from the first dollar of Damages without regard to the limitations set forth in Section 9.4(a)(i)) or (ii) may elect not to cure or remedy such Environmental Conditions, and shall give written notice to Purchaser within twenty (20) days after Purchaser’s Environmental Notice of its election to Buyers within ten (10) days after Buyers’ notice of Environmental Conditions“Seller’s Election Notice”). Within ten twenty (1020) days of Buyers’ Purchaser’s receipt of Sellers’ notice Seller’s Election Notice that Sellers have HCA has elected not to cure or remedy any Environmental Conditions, Buyers Purchaser may elect to (i) waive such Environmental Conditions and close or (ii) or, subject to Section 2.6, may elect to terminate this AgreementAgreement as if it were a termination pursuant to Section 10.1(c). If Sellers fail HCA fails to timely give notice of its election as herein providedSeller’s Election Notice, Sellers HCA shall be deemed to have elected not to cure or remedy the Environmental Conditions, whereupon Buyers Purchaser may elect to waive such Environmental Conditions and close or terminate this Agreement as provided in the immediately preceding sentence.

Environmental Inspections. For a period of twenty (20) days following the execution of this Agreement (the “Environmental Inspection Period”), Buyers at Buyer’s option and Buyers’ expense, Buyer and Buyer’s agents, representatives and contractors (or those of Buyer’s lender) shall have the right to enter upon the Real Estate for the purpose of conducting such tests, assessments, evaluations and investigations as Buyers Buyer may determine in their its sole discretion, in order to evaluate and determine the current environmental condition of the Real Estate, including without limitation Phase I or Phase II environmental assessments of the Real Estate. Within ten five (105) days after the expiration of the Environmental Inspection Period, Buyers Buyer shall give written notice to Sellers Seller if Buyers have Buyer has identified any breach existing, potential or suspect environmental conditions, risks or liabilities on or in respect of Section 3.10 the Real Estate (“Environmental Conditions”). Buyers Buyer shall provide Sellers Seller with a copy of Buyers’ Buyer’s Environmental Inspections reflecting such Environmental Conditions. If Buyers give Buyer gives notice of any Environmental Conditions to Sellers, and if such Environmental Conditions constitute a breach of Section 3.10Seller, then Sellers Seller (i) shall, at their its sole cost and expense, cure or remedy such Environmental Conditions to Buyers’ Buyer’s reasonable satisfaction on or before Closing or (ii) may elect not to cure or remedy such Environmental Conditions, and shall give written notice of its election to Buyers Buyer within ten two (102) days after Buyers’ Buyer’s notice of Environmental Conditions. Within ten two (102) days of Buyers’ Buyer’s receipt of Sellers’ Seller’s notice that Sellers have Seller has elected not to cure or remedy any Environmental Conditions, Buyers Buyer may elect to (i) waive such Environmental Conditions and close or (ii) elect to terminate this Agreement. If Sellers fail Seller fails to timely give notice of its election as herein provided, Sellers Seller shall be deemed to have elected not to cure or remedy the Environmental Conditions, whereupon Buyers Buyer may elect to waive such Environmental Conditions and close or terminate this Agreement as provided in the immediately preceding sentence.

Environmental Inspections. For a period of twenty forty-five (2045) days following the execution of this Agreement (the “Environmental Inspection Period”), Buyers Buyer and Buyers’ Buyer’s agents, representatives and contractors (or those of Buyer’s lender) shall have the right to enter upon the Real Estate for the purpose of conducting such tests, assessments, evaluations and investigations as Buyers Buyer may determine in their its sole discretion, in order to evaluate and determine the current environmental condition of the Real Estate, including without limitation Phase I or Phase II environmental assessments of the Real Estate. Within ten five (105) days after the expiration of the Environmental Inspection Period, Buyers Buyer shall give written notice to Sellers Seller if Buyers have Buyer has identified any breach existing, potential or suspect environmental conditions, risks or liabilities on or in respect of Section 3.10 the Real Estate (“Environmental Conditions”). Buyers Buyer shall provide Sellers Seller with a copy of Buyers’ Buyer’s Environmental Inspections reflecting such Environmental Conditions. If Buyers give Buyer gives notice of any Environmental Conditions to Sellers, and if such Environmental Conditions constitute a breach of Section 3.10Seller, then Sellers Seller (i) shall, at their its sole cost and expense, cure or remedy such Environmental Conditions to Buyers’ Buyer’s reasonable satisfaction on or before Closing or (ii) may elect not to cure or remedy such Environmental Conditions, and shall give written notice of its election to Buyers Buyer within ten (10) days after Buyers’ Buyer’s notice of Environmental Conditions. Within ten (10) days of Buyers’ Buyer’s receipt of Sellers’ Seller’s notice that Sellers have Seller has elected not to cure or remedy any Environmental Conditions, Buyers Buyer may elect to (i) waive such Environmental Conditions and close or (ii) elect to terminate this Agreement. If Sellers fail Seller fails to timely give notice of its election as herein provided, Sellers Seller shall be deemed to have elected not to cure or remedy the Environmental Conditions, whereupon Buyers Buyer may elect to waive such Environmental Conditions and close or terminate this Agreement as provided in the immediately preceding sentence.