Invasive Testing. Buyer shall not conduct or allow any physically intrusive, invasive or destructive testing of, on or under any Property, including, without limitation, for Hazardous Materials, without Seller’s prior written consent, which consent may be withheld at Seller’s sole and absolute discretion. Buyer shall provide Seller with notice not less than two (2) Business Days prior to the commencement of any physically intrusive or destructive testing, accompanied by a detailed work plan describing the nature, scope, location and purpose of the proposed work, and if approved by Seller, Seller shall have the right, at Buyer’s cost, to have its own consultant present for any such work. Buyer acknowledges and agrees that Seller’s review of Buyer’s work plan is solely for the purpose of protecting Seller’s interests, and shall not be deemed to create any liability of any kind on the part of Seller in connection with such review that, for example, the work plan is adequate or appropriate for any purpose or complies with applicable legal requirements. All work and investigations shall be performed in compliance with all local, state and federal laws, rules and regulations, including, without limitation, any and all permits required thereunder, all of which shall be at the sole cost and expense of Buyer. For purposes of this Section 4(b), “intrusive” or “invasive” testing includes, without limitation, (i) taking, sampling or testing groundwater or soils, (ii) air quality sampling or testing, and (iii) probing, cutting, penetrating, removing or otherwise disturbing any interior or exterior feature of the Improvements in order to sample, test, observe or monitor normally inaccessible areas, components, features or systems.
Invasive Testing. Any physically intrusive, invasive or destructive testing or investigation (however characterized) of, on or under the Property or any portion or part thereof, for the presence or absence of Hazardous Materials, or for other purposes, including, without limitation, by (i) taking, sampling or testing groundwater or soils, (ii) air quality sampling or testing, or (iii) probing, cutting, penetrating, removing or otherwise disturbing any interior or exterior feature of the Land or Improvements in order to sample, test, observe or monitor normally inaccessible areas, components, features or systems.
Invasive Testing. Buyer shall not conduct or allow any Invasive Testing without Seller’s prior written consent, which consent may be withheld at Seller’s sole and absolute discretion. Buyer shall provide Seller with notice not less than five (5) Business Days prior to the commencement of any Invasive Testing, accompanied by a detailed work plan describing the nature, scope, location and purpose of the proposed work, and if approved by Seller, Seller shall have the right to have its own consultant present for any such work. Buyer acknowledges and agrees that Seller’s review of Buyer’s work plan is solely for the purpose of protecting Seller’s interests, and shall not be deemed to create any liability of any kind on the part of Seller in connection with such review that, for example, the work plan is adequate or appropriate for any purpose or complies with applicable legal requirements. Invasive Testing to which Seller has given its approval shall be conducted in strict conformity with the work plan approved by Seller. Buyer shall be responsible for and shall obtain any permits required for any investigations conducted by Buyer. All Invasive Testing and all other investigations conducted by Buyer or Buyer’s Agents shall be performed in compliance with all applicable permits and all Laws, at the sole cost and expense of Buyer.
Invasive Testing. Notwithstanding anything to the contrary contained in this Agreement, each of the Permitted Parties shall only undertake soil borings, water samplings or any other physically intrusive or invasive physical investigations in accordance (in all material respects) with an approved sampling plan submitted to Owner at least two (2) Business Days prior to access to the Premises. Additionally, Entrant shall be solely responsible to arrange (or cause the Permitted Parties to arrange) for any utility mark-outs necessitated by any proposed sub-surface investigations prior to undertaking any invasive testing.
Invasive Testing. No Party shall have the right to undertake any environmental studies or testing beyond the scope of a standard “Phase I” evaluation, or any invasive testing, without the prior written consent of the Party on whose property the testing is to be performed, which approval shall not be unreasonably withheld, delayed, or conditioned. In the event a Party seeks access to physically alter or disturb the property of the other Party, the Party seeking access (i) shall give the other Party no less than twenty-four (24) hours’ written notice (which may be via email as provided in this Agreement) prior to such access; (ii) shall not interfere or disturb the operations of the property, or the use and enjoyment of the Property; (iii) promptly shall restore any altered or disturbed areas to substantially the same condition as existed prior to the physical alteration or disturbance; and (iv) shall furnish the other Party with a certificate of general liability and property damage insurance for the Party seeking access and each of its agents entering upon the Property with single occurrence coverage of at least $2,000,000, and naming the other Party as an additional insured.
Invasive Testing. Seller authorizes Purchaser to conduct environmental testing on the soil located on the Property as reasonably determined to be appropriate by the Purchaser subject to the terms of Inspections set forth in this Agreement.
Invasive Testing. Buyer shall not conduct or allow any physically intrusive or destructive testing of, on or under the Property, without Seller’s prior written consent, which consent may be withheld at Seller’s sole and absolute discretion. Buyer shall provide Seller with one (1) business day notice prior to the commencement of any physically intrusive or destructive testing, accompanied by a detailed work plan describing the nature, scope, location and purpose of the proposed work. Buyer acknowledges and agrees that Seller’s review of Buyer’s work plan is solely for the purpose of protecting Seller’s interests, and shall not be deemed to create any liability of any kind on the part of Seller in connection with such review that, for example, the work plan is adequate or appropriate for any purpose or complies with applicable legal requirements. All work and investigations shall be performed in compliance with all local, state and federal laws, rules and regulations, including, without limitation, any and all permits required thereunder, all of which shall be at the sole cost and expense of Buyer.
Invasive Testing. See Section 2 of the Access Agreement.
Invasive Testing. Optionee shall not install any monitoring xxxxx. If Optionee seeks to sample groundwater, Optionee shall do so through hydropunch or other geoprobe sampling procedures. Optionor’s representatives may be present at all times during the activities of Optionee and/or Optionee’s Parties on the Property. Optionor shall have the right, at Optionor’s expense to take split samples or verification samples from any Invasive Testing conducted by Optionee. All Environmental Investigations shall be subject to Section 7(e) hereof. If any reports, studies, tests, documents or information applicable to the environmental condition of the Property arising out of an Environmental Investigation are required to be disclosed to a federal, state or local agency or governmental body, then Optionee agrees that Optionor shall be the party to furnish such documentation to the applicable governmental agency having jurisdiction over the Property and neither Optionee nor its agents, employees or environmental consultants shall furnish such information to the applicable governmental agencies. If there is a demand for such information generated by an Environmental Investigation by a governmental agency or by legal process issued by a court of competent jurisdiction and Optionee has received actual notice of such demand, Optionee shall promptly provide notice of such demand to Optionor and afford Optionor an opportunity to impose any objections or defenses to such demand. Optionee agrees that copies of all reports, studies and other documents and information generated or prepared by or for Optionee in connection with Optionee’s Environmental Investigations of the Property shall be furnished to Optionor within five (5) business days of Optionee’s receipt of same.
Invasive Testing. Purchaser shall perform no testing of an invasive or destructive nature without first obtaining Sellers' written consent which may be withheld in Sellers' absolute discretion. In the event that Sellers' consent is withheld as to invasive testing, at Purchaser's option, Purchaser may terminate this Agreement and receive a return of the Initial Xxxxxxx Money deposited with Escrow Agent. Notwithstanding anything contained herein to the contrary, Purchaser understands, acknowledges and agrees that under no circumstances shall any invasive testing be performed subsequent to the delivery of the Approval Notice.
