Feasibility Review. Within five (5) business days following the Effective Date, Seller shall deliver or make available (at Seller’s office, via electronic file share or other means) to Purchaser the following listed items to the extent in Seller’s actual possession; if an item listed below is not in Seller’s possession and not delivered or made available to Purchaser but is otherwise readily available to Seller, then Purchaser may make written request to Seller to provide such item and Seller will use its reasonable efforts to obtain and deliver or make such item available to Purchaser, but Seller will have no obligation otherwise to obtain any item not in Seller’s possession: (i) any environmental reports, soil reports and certifications pertaining to the Lots, (ii) a copy of any subdivision plat for the Property and the current version of all Entitlements, (iii) engineering and construction plans pertaining to the Lots, (iv) biological, grading, drainage, hydrology and other engineering reports and plans and engineering and constructions plans for offsite improvements that are required to obtain building permits/certificates of occupancies for single-family detached homes constructed on the Lots; (v) any PUD, Development Agreement, Site Development Plans and other approvals or pending Entitlement applications pertaining to the Lots particularly and the Development generally; (vi) any Special District Service Plans; (vii) any existing ALTA or other boundary Survey of the Property; and (viii) copies of any subdivision bonds or guarantees applicable to the Lots (collectively, the "Seller Documents"). In the event Seller received any update to the Seller Documents, Seller shall deliver same promptly to Purchaser. Purchaser shall have a period expiring sixty (60) calendar days following the Effective Date of this Contract within which to review the same (the "Due Diligence Period"). During the Due Diligence Period, Purchaser shall have an opportunity to review and inspect the Property, all Seller Documents provided or made available to Purchaser and any and all factors deemed relevant by Purchaser to its proposed development and the feasibility of Purchaser’s intended uses of the Property in Purchaser’s sole and absolute discretion (the "Feasibility Review"). The Feasibility Review shall be deemed to have been completed to Purchaser’s satisfaction if Purchaser gives written notice to Seller of its election to continue this Contract ("Continuation Notice") prior to the expiration...
Feasibility Review. The Feasibility Review is a review conducted by an Abbott management team of any immunoassay product in development to confirm that such product meets its key draft product requirements. The Feasibility Review hereunder shall involve the performance evaluation of three (3) prototype lots RECAF assays manufactured in a site approved by the applicable Abbott management team. Successful evaluation of such prototype lots will be based on prototype assay performance versus key draft product requirements. Performance evaluation will include internal and external evaluation and will require testing a predefined number of clinical specimens. The Feasibility Review shall be completed upon obtaining objective evidence that the assay format using the prototype assay lots made by the development site meets the key draft product requirements. Abbott shall notify BioCurex within fifteen (15) days of the completion of the Feasibility Review as described in this Exhibit 4.2. EXHIBIT 12.4
Feasibility Review. Seller agrees that during the period commencing on the Effective Date and ending on the 45th day after the Effective Date at 5:00 p.m., Denton, Texas time as the same may be extended as provided below (the “Feasibility Review Period”), Buyer, personally or through its authorized agents or representatives, shall be entitled to enter the Property upon reasonable notice during normal business hours (8 a.m. to 5 p.m., Monday through Friday) for the sole purpose of analysis or other tests and conducting its due diligence inspection on the Property in anticipation of closing the transaction contemplated by this Contract (“Access Rights”). Such Access Right shall include the right to conduct such investigations, surveys, studies, readings and tests as Buyer deems necessary or advisable; provided, however, that Buyer shall not materially interfere with Seller’s activities on the Property and will not permanently damage the Property. Buyer shall immediately repair any damage resulting from Buyer’s activities and return the Property to the same condition as existed before its inspection.
Feasibility Review. 6.5.1 Buyer shall have a period of time commencing on the Effective Date and ending on June 12, 2013 (the “Feasibility Review Period”) to inspect the Assets and to conduct, review and approve any investigations, tests, analyses or studies deemed necessary by Buyer to determine the condition and fitness of the Assets and the feasibility and desirability of acquiring the Assets (the “Feasibility Review”).
Feasibility Review. Purchaser shall be satisfied with the results of its Feasibility Review, including but not limited to (i) Purchaser’s approval of the physical condition of the Real Property and the Facilities, including the results of any environmental assessment report which Purchaser elects to obtain at Purchaser’s expense, and (ii) Purchaser’s review and approval of all Property Documents. Purchaser shall advise Sellers in writing on or before the date forty-five (45) days following the mutual execution of this Agreement (the “Feasibility Period”) of (i) any objections pursuant to its Feasibility Review and (ii) whether it intends to assume the Existing Loan. Nothing herein shall be construed as amending or modifying in any manner the representations or warranties of Sellers set forth in this Agreement, which representations and warranties shall be separate from and unaffected by Purchaser’s Feasibility Review except as to any representations or warranties which, during the course of Purchaser’s Feasibility Review, Purchaser obtains knowledge of falsity or inaccuracy. In the event Purchaser elects to terminate this Agreement by reason Purchaser’s disapproval of is Feasibility Review, Purchaser shall notify Sellers in writing on or before the expiration of the Feasibility Period, and the parties shall have no further rights or obligations hereunder, other than Purchaser’s right to the return of its Xxxxxxx Money and Sellers’ obligation to pay any title cancellation and UCC search fees incurred as a result of such termination.
Feasibility Review. Beginning with the Commencement Date, Tenant shall have a thirty (30) day feasibility period (the “Feasibility Period”) within which it may conduct due diligence activities including, but not limited to, inspections, tests and/or studies, in Tenant’s sole discretion and at its sold cost, to ensure the suitability of the Ground Lease Property for Tenant’s intended use. Tenant may cancel this agreement for any reason at any time prior to the end of the Feasibility Period with no penalty to Tenant.
Feasibility Review. Buyer will have approved, on or before the date which is two hundred seventy (270) days following the Opening of Escrow (as defined in Section 8.1) (“Feasibility Review Period”), the condition of the Property and the feasibility of the Buyer’s development plan therefor. Buyer’s feasibility review pertains to Buyer’s review of and satisfaction with the following:
Feasibility Review. 5.1 Within (5) business days after the Effective Date, Seller shall deliver to Purchaser (i) any and all Phase I Environmental Site Assessments and any other reports regarding environmental matters in Seller's possession relating to the Property, including, without limitation, all reports and testing data related to the Mold (as hereinafter defined) (collectively, the "ENVIRONMENTAL REPORTS"); (ii) any and all engineering and geotechnical studies and any other reports in Seller's possession relating to the Property (collectively, the "ENGINEERING REPORTS"); (iii) true and correct copies of all tenant leases ("TENANT LEASES"), service contracts and maintenance agreements (the "SERVICE CONTRACTS"); (iv) a current, accurate "RENT ROLL" (herein so called) of the Property, showing Tenant contact information for each retail tenant (collectively, the "RETAIL TENANTS"), Tenant Lease start dates, termination dates, deposits, rents, and CAM charges; and (v) copies (including electronic versions thereof) of all architectural and construction agreements, as well as plans and specifications, architectural and civil drawings, photographs, site plans, and inspection reports in the possession or control of Seller or Seller's management company (collectively, the "CONSTRUCTION AGREEMENTS").
Feasibility Review. Floodway issue discussions with DWR Prepare cost analysis; field investigation and proposed pre-fabricated bridge Provide recommendations to Department in consideration of options
Feasibility Review
