Common use of Environmental Studies Clause in Contracts

Environmental Studies. Within 10 days after the date hereof, Seller shall provide to Purchaser, at Seller's cost and expense, copies of (a) all existing Environmental Site Assessments (whether Phase I, Phase II or otherwise) covering all or any portion of the Mt. Morrxx Xxxd, to the extent the same are in Seller's possession or Seller has access to them, and (b) any other environmental studies, reports and information, including, without limitation, correspondence from Governmental Authorities, concerning the environmental condition of the Mt. Morrxx Xxxd, to the extent the same are in Seller's possession or Seller has access to them (all of the foregoing information, whether obtained by Purchaser or provided by Seller, being hereinafter referred to as "Environmental Information"). At Purchaser's option (x) Purchaser may obtain new or updated Environmental Site Assessments for the Mt. Morrxx Xxxd certified to Purchaser so that Purchaser may rely on same, and/or (y) a recertification of the existing Environmental Site Assessments to Purchaser, and/or (z) 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 sixty (60) days from the date hereof (the "Feasibility Period") within which to conduct any and all engineering, environmental and economic feasibility studies and tests of the Mt. Morrxx Xxxd which Purchaser, in Purchaser's sole discretion, deems necessary to determine whether the Real Property is environmentally, engineeringly and economically suitable for Purchaser's intended use. In accordance with Section 8.6 hereof, Seller has granted and hereby grants to Purchaser and its contractors and representatives access to the 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, upon completion of their activities on the Mt. Morrxx Xxxd shall restore each parcel of real property as nearly as is reasonably possible to the condition it was in immediately 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 date hereof, Seller shall provide to Purchaser, at Sellerthe Company's sole cost and expense, copies of (a) all existing Environmental Site Assessments ESAs (whether Phase I, Phase II or otherwise) covering all or any portion of the Mt. Morrxx XxxdReal Property, to the extent the same are in Seller's or the Company's possession or Seller has or the Company have access to them, and (b) any other environmental studies, reports and information, including, without limitation, correspondence from Governmental Authorities, concerning the environmental condition of the Mt. Morrxx XxxdReal Property, to the extent the same are in Seller'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, being hereinafter referred to as "Environmental Information"). At Purchaser's option (x) Purchaser may obtain new or updated Environmental Site Assessments for the Mt. Morrxx Xxxd certified to Purchaser so that Purchaser may rely on same, and/or (y) a recertification of the existing Environmental Site Assessments to Purchaser, and/or (z) 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 sixty (60) 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 and economic feasibility studies and tests of the Mt. Morrxx Xxxd Real Property which Purchaser, in Purchaser's sole discretion, deems necessary to determine whether the Real Property is environmentally, engineeringly and economically suitable for Purchaser's intended use. In accordance with Section 8.6 hereof, Each of Seller has and Company have granted and hereby grants grant to Purchaser and its contractors and representatives access to the Mt. Morrxx Xxxd Real 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, upon completion of their activities on the Mt. Morrxx Xxxd Real Property, shall restore each parcel of real property the Real Property as nearly as is reasonably possible to the condition it was in immediately 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 date hereof, Seller shall provide to Purchaser, at Seller's sole cost and expense, copies of (a) all existing Environmental Site Assessments ESAs (whether Phase I, Phase II or otherwise) covering all or any portion of the Mt. Morrxx XxxdReal Property, to the extent the same are in Seller's possession or Seller has access to them, and (b) any other environmental studies, reports and information, including, without limitation, correspondence from Governmental Authorities, concerning the environmental condition of the Mt. Morrxx XxxdReal Property, to the extent the same are in Seller's possession or Seller has access to them (all of the foregoing information, whether obtained by Purchaser or provided by Seller, being hereinafter referred to as "Environmental Information"). At Purchaser's option (x) Purchaser may obtain new or updated Environmental Site Assessments for the Mt. Morrxx Xxxd certified to Purchaser so that Purchaser may rely on same, and/or (y) a recertification of the existing Environmental Site Assessments to Purchaser, and/or (z) 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 sixty (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 and economic feasibility studies and tests of the Mt. Morrxx Xxxd Real Property which Purchaser, in Purchaser's sole discretion, deems necessary to determine whether the Real Property is environmentally, engineeringly and economically suitable for Purchaser's intended use. In accordance with Section 8.6 hereof, Seller has granted and hereby grants to Purchaser and its contractors and representatives access to the Mt. Morrxx Xxxd Real 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, upon completion of their activities on the Mt. Morrxx Xxxd Real Property, shall restore each parcel of real property the Real Property as nearly as is reasonably possible to the condition it was in immediately prior to such activities.

Environmental Studies. Within 10 days after the date hereofEffective Date, Seller shall provide to Purchaser, at Seller's ’s cost and expense, copies of (a1) all existing Environmental Site Assessments (whether Phase I, Phase II II, or otherwise) covering all or any portion of the Mt. Morrxx Xxxdpremises where the business is situated (Real Estate), to the extent the same are in Seller's ’s possession or Seller has access to them, and (b2) any other environmental studies, reports reports, and information, including, without limitation, correspondence from Governmental Authoritiesgovernmental authorities, concerning the environmental condition of the Mt. Morrxx XxxdReal Estate, 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, being hereinafter is referred to collectively as "the “Environmental Information"”). At Purchaser's option (x) ’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 Mt. Morrxx Xxxd Real Estate certified to Purchaser so that Purchaser may rely on same, and/or (y2) a recertification of the existing Environmental Site Assessments to Purchaser, and/or (z3) 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 sixty (60) 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 Mt. Morrxx Xxxd which Real Estate that 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 useuse in terms of its engineering, environmental, and economic aspects. In accordance with Section 8.6 hereof, Seller has granted and hereby grants to Purchaser and its contractors and representatives access to the Mt. Morrxx Xxxd 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, upon on completion of their activities on the Mt. Morrxx Xxxd Real Estate, shall restore each parcel of real property as nearly as is reasonably possible to the condition it was in immediately prior to before such activities.