Common use of Feasibility Study Clause in Contracts

Feasibility Study. Buyer is granted the right to conduct engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Study; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hours. Buyer will not alter the physical condition of the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the written consent of Seller to any physical alteration of the Property or invasive testing. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option Money) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposes.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriatx xxxernment agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from xxxxes, damages, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that xxxxx result in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Buyer's determination of whether or not the Properxx xx acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study period ends and Buyer's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Axxxx receives proper authorization form all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. Buyer will, at Buyer's expense and within ______ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ____________________________________________ _______________________________ use. During the Feasibility Study Period, Buyer may conduct a Phrase 1 environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional growth management plans; availability of permits, government approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study Period ends and Buyer's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Agent receives proper authorization from all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for __________________________________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate governmxxx xgencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from losses, xxxxxes, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter the physical condition of engage in any activity that could resxxx xn a construction lien being filed against the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the Seller's prior written consent of Seller to any physical alteration of the Property or invasive testing. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option Money) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive terminationconsent. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposes.transaction does not

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller's prior /SL/ /SG/ written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study period ends and Buyer's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Agent receives proper authorization form all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. Buyer is granted Purchaser shall conduct at its sole cost and expense a feasibility study of the Real Property (the "Feasibility Study"), which study may include but shall not be limited to, (i) reviewing and approving the Phase I Report and all Property Documents required to be provided to Purchaser by Seller, and (ii) conducting such engineering and soils studies, environmental assessments, utilities investigations, wetlands investigations, if applicable, surveys and regulatory reviews, as Purchaser deems appropriate to the development of an assisted living facility consisting of at least one hundred (100) units consistent with the development plans of Purchaser (the "Facility"). Within One Hundred Eighty (180) days following the mutual execution of this Agreement (the "Feasibility Period"), Purchaser shall have approved or disapproved the results of said Feasibility Study. In the event Purchaser disapproves the Feasibility Study, or if Purchaser fails to timely notify Seller of Purchaser's approval or disapproval regarding the Feasibility Study (in which event Purchaser shall be conclusively deemed to have disapproved such Feasibility Study), Purchaser shall have the right to conduct engineering and/or market and economic feasibility studies of the Property and a physical inspection of the Property, including studies or inspections to determine the existence of any environmental hazards or conditions (collectively, the “Feasibility Study”) during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Study; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hours. Buyer will not alter the physical condition of the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the written consent of Seller to any physical alteration of the Property or invasive testing. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to expiration Agreement, which right shall be exercised, if at all, within five (5) business days after the last day of the Feasibility Period. Upon such termination, in which case Purchaser shall be entitled to the Xxxxxxx return of its Initial Earnest Money (other than Deposit and the Option Money) will be returned to Buyer, and neither party shall have any parties shxxx xxxe no further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive terminationhereunder. If this Contract is not terminated pursuant Seller hereby grants to this Section 5(a)Purchaser and/or its agents, then after expiration consultants and contractors the right to enter the Real Property for the purpose of performing such tests, studies, assessments and investigations as Purchaser determines necessary in connection with its Feasibility Study of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Real Property; provided, however, Buyer may that the activities conducted by Purchaser and/or any of its agents, consultants or contractors shall not enter into any space leased by any tenant without being accompanied by a designated representative materially change or alter the character of Sellerthe Real Property. If this Contract is not timely terminated pursuant Seller further agrees to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections fully cooperate with respect to Purchaser concerning the components of the Feasibility Study will be deemed to have been waived by Buyer for all purposesStudy.

Feasibility Study. Buyer will, at Buyer's expense and within 60 days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for residential development use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water and other utilities; consistency with local, state and regional growth management plans; availability of permits, government approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorneys' fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study Period ends and Buyer's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Agent receives proper authorization from all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. Buyer will, at Xxxxx's expense and within days (30 days if left blank) ("Feasibility Study Period") after Effective Date and in Buyer's sole and absolute discretion, determine whether the Property is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer may conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural, and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state, and regional growth management plans; availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate. If the Property must be rezoned, Xxxxx will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors, and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Study; conducting Inspections, provided, however, that Buyer, its agents, contractors, and assigns enter the Property and conduct Inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from losses, damages, costs, claims, and expenses of any space leased nature, including attorneys' fees, expenses, and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Xxxxx's expense, (i) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in before conducting the Inspections and (ii) release to Seller all reports and other work generated as a result of the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the written consent of Seller to any physical alteration Inspections. Before expiration of the Property or invasive testing. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determinesFeasibility Study Period, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by Xxxxx must deliver written notice to Seller prior of Buyer's determination of whether or not the Property is acceptable. Xxxxx's failure to expiration comply with this notice requirement will constitute acceptance of the Feasibility PeriodProperty as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case the Xxxxxxx Money (other than the Option Moneythis contract will be deemed terminated, and Xxxxx's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesreturned.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ________________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate xxxxxnment agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from lxxxxx, damages, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter the physical condition of engage in any activity that coxxx xesult in a construction /SL/ /BG/ lien being filed against the Property or conduct invasive testing without notifying Seller of its requested tests, and obtaining the Seller's prior written consent of Seller to any physical alteration of the Property or invasive testing. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by written notice to Seller prior to expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option Money) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive terminationconsent. If this Contract is transaction does not terminated pursuant close, Buyer will, at Buyer's expense, (1) repair all damages to this Section 5(a), then after expiration the Property xesulting from the Inspections and return the Property to the condition it was in prior to conduct of the Feasibility PeriodInspections, after and (2) release to Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination all reports and other work generated as a result of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesInspections.

Feasibility Study. Buyer will, at Buyer's expense and within 60 days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for residential development use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water and other utilities; consistency with local, state and regional growth management plans; availability of permits, government approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorneys' fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility Period, in which case the Xxxxxxx Money (other than the Option Money) will be returned to Study Period of Buyer, and neither party shall have any further right 's determination of whether or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and is acceptable. Buyer's failure to provide at least 24-hours’ advance written comply with this notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study requirement will be deemed to have been waived by Buyer for all purposes.constitute

Feasibility Study. Buyer will, at Buyer’s expense and within 75 days from Effective Date (“Feasibility Study Period”), determine whether the Property is suitable, in Buyer’s sole and absolute discretion, for ____________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations (“Inspections”) that Buyer deems necessary to determine to Buyer’s satisfaction the Property’s engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional growth management plans; availability of permits, government approvals, and licenses: and other Inspections that Buyer deems appropriate to determine the Property’s suitability for the Buyer’s intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk, Buyer may not enter into will indemnity and hold Seller harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorneys’ fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller’s prior written consent. If this transaction does not close, Buyer will, at Buyer’s expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Buyer’s determination of whether or not the Property is acceptable. Buyer’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer’s intended use in its “as is” condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study period ends and Buyer’s deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Agent receives proper authorization from all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Xxxxx's sole and absolute discretion, for ___________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Xxxxx will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting inspections; provided, however, Buyer may not that Buyer, its agents, contractors and assigns enter into the Property and conduct inspections at their own risk. Xxxxx will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursXxxxx. Buyer will not alter engage in any activity that could result in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer Xxxxx will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Xxxxx's determination of whether or not the Property is acceptable. Xxxxx's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study period ends and Xxxxx's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Agent receives proper authorization form all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.

Feasibility Study. Buyer BUYER will, at BUYER’s expense and within days from Effective Date (“Feasibility Study Period”), determine whether the Property is granted suitable, in BUYER’s sole and absolute discretion, for use. During the Feasibility Study Period, BUYER may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations (“Inspections”) that BUYER deems necessary to determine to BUYER’s sole satisfaction the Property’s engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; consistent with local, state and regional growth management plans; availability of permits, government approvals, and licenses; and other Inspections that BUYER deems appropriate to determine the Property’s suitability for the BUYER’s intended use. SELLER does not authorize BUYER to have the Property rezoned. XXXXXX agrees to cooperate with BUYER to have the Property rezoned to a zoning classification acceptable to both parties. If the parties can not agree upon an acceptable zoning classification, than either party may terminate this Agreement and BUYER’s Deposit(s) will be returned. If SELLER agrees that Property must be rezoned BUYER will obtain the rezoning from the appropriate government agencies. SELLER will sign all documents BUYER is required to file in connection with the development or rezoning approvals. SELLER will not be responsible for any fees or costs incurred in connection with the actions undertaken by the BUYER. SELLER gives BUYER, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting Inspections; provided, however, Buyer may not that BUYER, its agents, contractors and assigns enter into the Property and conduct Inspections at their own risk. BUYER will indemnify and hold SELLER harmless from losses, damages, costs, claims and expenses of any space leased nature, including attorneys’ fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by any tenant without being accompanied by a designated representative of SellerBUYER. Seller agrees to make its representative reasonably available during normal business hours. Buyer BUYER will not alter engage in any activity that could result in a construction lien being filed against the physical Property without SELLER’s prior written consent. If this transaction does not close, BUYER will, at BUYER’s expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of Seller (2) release to any physical alteration SELLER all reports and other work generated as a result of the Property or invasive testingInspections. Buyer XXXXX will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller SELLER prior to the expiration of the Feasibility PeriodStudy Period of BUYER’s determination of whether or not the Property is acceptable. XXXXX’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for BUYER’s intended use in it’s “As Is” condition. If the Property is unacceptable to BUYER and written notice of this fact is timely delivered to SELLER, in which case this Agreement will be deemed terminated as of the Xxxxxxx Money (other than date of the Option MoneyBUYER’s notice and BUYER’s Deposit(s) will be returned to Buyer, and neither party returned. This provision shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesclosing.

Feasibility Study. Buyer will, at Buyer's expense and within ____ days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for _____________________________ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access public roads, water, and other utilities; consistency with local, state and regional growth management plans, availability of permits, government approvals, and licenses; and other inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate xxxxxnment agencies. Seller will sign all documents Buyer is granted required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to conduct engineering and/or market and economic feasibility studies of enter the Property and a physical inspection of the Property, including studies or inspections to determine the existence of at any environmental hazards or conditions (collectively, the “Feasibility Study”) time during the period (the “Feasibility Period”) commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the June 3, 2010. With Seller’s permission, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours for purposes of analysis or other tests and inspections which may be deemed necessary by Buyer Study Period for the Feasibility Study. Buyer or its designated representative must be accompanied by a designated representative purpose of Seller or have received Seller’s written permission prior to entering upon the Property in connection with Buyer’s Feasibility Studyconducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct inspections at their own risk. Buyer may not enter into will indemnify and hold Seller harmless from lxxxxx, damages, costs, claims and expenses of any space leased nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections of any work authorized by any tenant without being accompanied by a designated representative of Seller. Seller agrees to make its representative reasonably available during normal business hoursBuyer. Buyer will not alter engage in any activity that coxxx xesult in a construction lien being filed against the physical Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property /SL/ /JG/ resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Property or conduct invasive testing without notifying Seller of its requested testsInspections, and obtaining the written consent of (2) release to Seller to any physical alteration all reports and other work generated as a result of the Property or invasive testingInspections. Buyer will utilize commercially reasonable diligence to conduct or cause to be conducted all inspections and tests in a manner and at times which will not unreasonably interfere with any tenant’s use and occupancy of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable for any reason for Buyer’s intended use or purpose, or is not in satisfactory condition, then Buyer may terminate this Contract by deliver written notice to Seller prior to the expiration of the Feasibility PeriodStudy Period of Buyer's determination of whether or not the Property xx xcceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, in which case this Contract will be deemed terminated as of the Xxxxxxx Money (other than day after the Option MoneyFeasibility Study period ends and Buyer's deposit(s) will be returned to Buyer, and neither party shall have any further right or obligation hereunder other than as set forth herein with respect to rights or obligations which survive termination. If this Contract is not terminated pursuant to this Section 5(a), then after expiration of the Feasibility Period, after Seller has received advance notice sufficient to permit it to schedule in an orderly manner Buyer’s examination of the Property and to provide at least 24-hours’ advance written notice to any affected tenants, Buyer or its designated agents may enter upon the Property during normal business hours. Buyer or its designated representative must be accompanied by a designated representative of Seller or have received Seller’s written permission prior to entering upon the Property; provided, however, Buyer may not enter into any space leased by any tenant without being accompanied by a designated representative of Seller. If this Contract is not timely terminated pursuant to this Section 5(a), Buyer’s right to terminate this Contract pursuant to this Section 5(a) and any and Escrow Agexx xxceives proper authorization form all objections with respect to the Feasibility Study will be deemed to have been waived by Buyer for all purposesinterested parties.