Common use of Invasive Testing Clause in Contracts

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.