Feasibility Study Period. Prior to the date of this Agreement Seller has made available to Buyer and its Authorized Representatives the Environmental Documents, Orders, and Environmental Permits. Seller has provided Buyer with timely, reasonable access to Seller’s Authorized Representatives with knowledge of any relevant facts relating to the Environmental Documents, the Environmental Conditions, or the Remediation Activities. Seller has provided Buyer and its Authorized Representatives access to the Real Property prior to the signing of this document to inspect and to survey the Real Property and conduct Buyer’s due diligence investigations of the Terminal (“Feasibility Study Period”). Seller has provided Buyer and its Authorized Representatives reasonable access during normal business hours to the Terminal to conduct such activities during the Feasibility Study Period, subject to Seller’s policies and regulations regarding safety and security.
Feasibility Study Period. Purchaser shall have the right from the date hereof through 5:00 p.m. Eastern Time on November 22, 2003 (the "Feasibility Study Period") to make such investigations, studies and tests with respect to the Property as Purchaser deems necessary or appropriate to determine the feasibility of purchasing the Property. If, during the Feasibility Study Period, Purchaser determines, in its sole discretion, that the Property is not acceptable to Purchaser or the purchase thereof is not feasible then Purchaser may, at any time on the final day of the Feasibility Study Period (the "Feasibility Study Period Termination Date"), terminate this Agreement by written notice to Seller. In the event Purchaser obtains an ASTM Phase I prior to the Feasibility Study Period Termination Date which indicates that further testing of or on the Property is advised, then (subject to Seller approving such further testing as set forth in Section 10 hereof) the Feasibility Study Period Termination Date shall be extended (but only for the purpose of performing such additional testing as may be approved by Seller in accordance with Section 10 hereof) to that date which is five (5) business days (but not later than the outside date for Settlement as set forth in Section 5 hereof) after Purchaser receives a written report based on an ASTM Phase II performed by its environmental consultant; provided that in any event (i) Purchaser shall initiate such additional testing promptly once the same has been consented to by Seller, (ii) Purchaser shall cooperate with its engineers to expedite such testing to the extent possible, and (iii) the same shall not extend the outside date for Settlement in accordance with Section 5 of this Agreement. Upon any timely termination of this Agreement pursuant to this Section 15, the Deposit shall be promptly paid to Seller, and neither party shall thereafter have any further rights or obligations hereunder. Without in any way limiting any other express provision of this Agreement pursuant to which the Deposit is to be returned to Purchaser, and notwithstanding the foregoing provisions of this Section 15, if (and only if) the Agreement is terminated in accordance with Sections 12 (iii) - (viii) hereof, then the Deposit shall be returned to Purchaser.
Feasibility Study Period. Prior to the date of this Agreement Seller has made available to Buyer and its Authorized Representatives the Environmental Documents, Orders, and Environmental Permits. Seller has provided Buyer with timely, reasonable access to Seller’s Authorized Representatives with knowledge of any relevant facts relating to the Environmental Documents, the Environmental Conditions, or the Remediation Activities. Seller has provided Buyer and its Authorized Representatives access to the Real Property prior to the signing of this document to inspect and to survey the Real Property and conduct Buyer’s due diligence investigations of the Terminals (“Feasibility Study Period”). Seller has provided Buyer and its Authorized Representatives reasonable access during normal business hours to the Terminals to conduct such activities during the Feasibility Study Period, subject to Seller’s policies and regulations regarding safety and security. The Feasibility Study Period shall be extended for that period of time between the Effective Date and the date 10 days prior to the Closing solely for the purposes of discussions with appropriate government officials and regulators relative to the transfer and securing of Permits, the assumption of environmental liabilities by Buyer, and general transition matters. Buyer and Seller shall coordinate the timing, attendance and subject matter of any such meeting during the Feasibility Study Period as so extended, including without limitation the identity of Buyer and Seller representatives who will attend such meetings.
Feasibility Study Period. The Purchaser shall have a period of sixty (60) days from execution of the Agreement, in which to evaluate the Property for its intended use, conduct tests and studies of the Property, and obtain the required corporate approval. In the event that Purchaser does not proceed with the Agreement in its sole and absolute discretion, the initial deposit of One Hundred Thousand Dollars ($100,000.00) shall be immediately returned to Purchaser and a copy of the Purchaser's proposed site plan wi1l be forwarded to the Seller.
Feasibility Study Period. Purchaser shall have the right from the date hereof through 5:00 p.m. Eastern Time on January 2, 1997 (the "Feasibility Study Period") to make such investigations, studies and tests with respect to the Property as Purchaser deems necessary or appropriate to determine the feasibility of purchasing the Property. If, during the Feasibility Study Period, Purchaser determines, in its sole discretion, that the Property is not acceptable to Purchaser or the purchase thereof is not feasible, then Purchaser may, at any time prior to 5:00 p.m. Eastern Time on January 2, 1997, terminate this Agreement by written notice to Seller (such notice to be received by Seller prior to the final day of the Feasibility Study Period). Prior to Settlement, Purchaser will, pursuant to the terms hereof, have made such examination of the Property and all matters relating to this transaction as Purchaser deems necessary. In entering into this Agreement, Purchaser has not been induced by and has not relied upon any representation, warranty or statement whether express or implied, made by
Feasibility Study Period. During the period commencing on the date of this Agreement and ending on November 19, 2012 (the “Feasibility Study Period”), Purchaser shall conduct a review with respect to the Property and satisfy itself with respect to the condition of and other matters related to the Property and its suitability for Purchaser’s intended use (the “Feasibility Study”). The Feasibility Study may include all inspections and studies Purchaser deems necessary or desirable, in its sole discretion. Purchaser and Purchaser’s agents, representatives, consultants, architects and engineers will have the right, from time to time, from and after the date of this Agreement to enter onto the Property and make borings, drive test piles and conduct any other tests and studies that may be necessary or desirable to ascertain the condition and suitability of the Property for Purchaser’s intended use. Such tests and inspections are to be performed in a manner not disruptive to tenants or to the operation of the Property and in compliance with the lease rights of the tenants. Purchaser shall protect, defend and indemnify Seller from and against any liens or encumbrances arising due to exercise of this right of entry and shall cause any such liens or encumbrances to be promptly released. Seller agrees to make available to Purchaser, all books, records, contracts, plans, and other documents in Seller’s files or in the files of its agents or affiliates relating to the operation and maintenance of the Property. On or prior to the end of the Feasibility Study Period, Purchaser shall designate those Service Contracts it desires to assume at closing. Any Service Contracts not assumed by Purchaser shall be terminated by Seller effective as of the Closing Date.
Feasibility Study Period. (a) During the period beginning on the date of full execution of this Agreement and for Sixty (60) days thereafter (the "Study Period"), Purchaser shall have the right to review and evaluate the Real Properties, the Personal Property, and the nature and extent of the Properties and operations and all rights and liabilities related thereto. Seller agrees to provide or make available to Purchaser and its authorized representatives all books, records and other information concerning the Real Properties and the personal property in the possession of Seller. Without limiting the generality of the foregoing, Seller shall furnish or make available to Purchaser or its representatives as soon as possible the following which are in Seller's possession:
Feasibility Study Period. (a) During the period beginning on the date hereof and for thirty (30) days thereafter (the "Study Period"), Purchaser shall have the right to review and evaluate the Applicable Property and all relevant records relating thereto in Seller's possession, at its sole cost and expense. Purchaser agrees that any due diligence to be conducted at the Facilities shall be conducted after forty-eight (48) hours' prior written notice of each entry, and between the hours of 8:30 a.m. and 6:00 p.m., unless other times are mutually agreed upon. Purchaser further agrees that it shall use care and consideration in connection with any such entry, shall not unreasonably interfere with the residents, staff, or operations of the Facilities, shall be discreet and shall reasonably endeavor not to reveal that such entry is for the purpose of a prospective sale. Seller and its representatives shall cooperate reasonably with Purchaser in conducting its evaluation of the Applicable Property. Notwithstanding anything contained herein to the contrary, Purchaser shall undertake no subsurface environmental testing or drilling on any Facility without Seller's prior approval as to the scope and timing of such testing, such approval not to be unreasonably withheld or delayed. If Purchaser shall request Seller's approval in connection with such testing or drilling or shall request access to such relevant records and Seller shall fail to respond or provide access, as the case may be, within two (2) Business Days after receipt of any such request in writing, then the Study Period shall be extended by one (1) day for each day of delay by Seller.
Feasibility Study Period. Prior to the date of the Pipeline Purchase and Sale Agreement Seller has made available to Buyer and its Authorized Representatives the Environmental Documents, Orders, and Environmental Permits. Seller has provided Buyer with timely, reasonable access to Seller's Authorized Representatives with knowledge of any relevant facts relating to the Environmental Documents, the Environmental Conditions, or the Remediation Activities. Seller has provided Buyer and its Authorized Representatives access to the Real Property prior to the signing of this document to inspect and to survey the Real Property and conduct Buyer's due diligence investigations of the Terminal ("Feasibility Study Period"). Seller has provided Buyer and its Authorized Representatives reasonable access during normal business hours to the Terminal to conduct such activities during the Feasibility Study Period, subject to Seller's policies and regulations regarding safety and security.
Feasibility Study Period. For a period of six (6) months after the Effective Date, or until the Site is purchased from Landowner, whichever occurs first (the “Term”), Middle Daisy and Onyx shall be entitled to make such investigations, examinations and studies of the Property as each deems necessary or desirable (the "Feasibility Studies"), including without limitation, review and approval of the condition of title, any lease or sublease affecting the Property, any contract or other commitment with respect to the Property, tax and appraisal issues, preliminary construction issues, and land use and energy development regulatory issues; conduct soils tests and studies, environmental site assessments, and surveys; and perform drilling, excavation, push-pull tests and other geotechnical activities and studies on, in, and under the Site. Landowner shall provide Onyx with such cooperation, at no out-of-pocket cost to Landowner, as Onyx may reasonably require in connection with the Feasibility Studies for the Property, including delivery of reasonably requested materials within fifteen (15) days after mutual execution and delivery of this Agreement. The Feasibility Studies and all reports and summaries regarding the results thereof, whether prepared by Onyx or its consultants, shall be the sole property of Onyx.
