Phase I Environmental Assessment. The Company will obtain and deliver to Parent, as soon as practicable, and in any event on or before September 15, 1997, a Phase I environmental assessment prepared by environmental engineers reasonably acceptable to Parent with respect to all of the real estate owned or leased by the Company listed on Schedule 2.2(n)(1) or Schedule 2.2(n)(2) of the Company Disclosure Schedule (the "Environmental Assessment Property"). Each of the Company and Parent shall pay one-half of the expenses incurred by the Company in obtaining such assessments. Also during the period prior to Final Closing, the Shareholders and the Company shall afford Parent and its representatives the continuing right to inspect, during the Company's normal business hours, the Environmental Assessment Property and all books, records, contacts, documents and other data pertaining to the use, ownership, operation, or maintenance of the Environmental Assessment Property (collectively with the Phase I assessment, the "Studies").
Phase I Environmental Assessment. Any Phase I Environmental Assessment, if required, in connection with the Projects.
Phase I Environmental Assessment. Buyer, at its sole expense, may obtain a Phase I Environmental Assessment of the Realty. Buyer shall have the right to conduct sampling of the water, soil, air or building improvements with Seller's approval, which approval Seller shall not unreasonably withhold or delay. Buyer shall have Sixty-five
Phase I Environmental Assessment. Buyer shall have the right to conduct an environmental assessment of the Properties during the period beginning on the date of execution of this Agreement and ending ten (10) days prior to the Closing Date (the “Examination Period”). The confidentiality obligations of the confidentiality agreement previously signed by Buyer shall be applicable to all information acquired by Buyer in the course of its environmental assessment. During normal business hours and after providing Seller reasonable prior notice of any such activities, Buyer and its representatives shall be permitted to enter upon the Properties and all buildings and improvements thereon, inspect the same, review files and generally conduct such tests, examinations, and investigations as are consistent with the American Society for Testing and Materials standard Phase I environmental audit. Seller will have the right to (i) witness such investigation and (ii) promptly receive a copy of all results, analyses and reviews. In the event Seller has conducted a recent Phase I Environmental Assessment Study, the Seller shall notify Buyer and make the report available to the Buyer during the Examination Period.
Phase I Environmental Assessment. The term "Phase I Environmental Assessment" shall have the meaning set forth in Section 6.17.10.
Phase I Environmental Assessment. The Sellers will cause the Companies to obtain and deliver to Buyer, as soon as practicable, and in any event on or before September 22, 1997, a Phase I environmental assessment prepared by environmental engineers reasonably acceptable to Buyer with respect to all of the real estate owned or leased by the Companies listed on the Disclosure Schedules delivered by the Companies (the "Environmental Assessment Property"). Buyer shall be responsible for one-half of the cost and expenses incurred by Sellers in obtaining such Phase I environmental assessments. Also during the period prior to Closing, Sellers and the Companies shall afford Buyer and its representatives the continuing right to inspect, during the Company's normal business hours, the Environmental Assessment Property and all books, records, contracts, documents and other data pertaining to the use, ownership, operation, or maintenance of the Environmental Assessment Property (collectively with the phase I assessment, the "Studies").
Phase I Environmental Assessment. Beginning on the date of this Agreement and ending ten (10) Business Days prior to the Closing Date (the “Environmental Claim Date”), Buyer shall have the right, at its sole cost, risk, and expense, to conduct an environmental assessment of the Assets. During normal business hours and after providing Seller reasonable prior notice of any such activities, Buyer and its representatives shall be permitted to enter upon the Assets operated by Seller and all buildings and improvements thereon, inspect the same, review all of Seller’s files and records (other than those for which Seller has an attorney-client privilege) relating to the Assets and generally conduct such tests, examinations, and investigations as are customary for transactions of a similar nature. Seller will have the right to (i) observe such investigation and (ii) promptly receive a copy of all results, analyses, and reviews, except for such information for which Buyer has an attorney-client privilege. All information obtained or reviewed by Buyer shall be maintained confidential pursuant to the Confidentiality Agreement, which shall continue in force under its terms.
Phase I Environmental Assessment. The “Phase I” environmental assessment of the Acquisition Property delivered to the Agent in connection with the closing of the Original Credit Agreement includes an environmental assessment of the Mortgaged Property.
Phase I Environmental Assessment. (i) During the thirty (30) day -------------------------------- period following execution of this Agreement, Buyer may, at its sole expense, conduct Phase I environmental assessments of the Real Estate or any portion thereof. If the Phase I assessments disclose the existence of a Material Environmental Problem, Buyer shall give Seller written notice thereof together with a copy of the Phase I assessments within forty (40) days of the execution of the Agreement, and Seller shall have ten (10) business days following receipt thereof in which to notify Buyer whether it will cure the Material Environmental Problem. If Seller elects to cure such Material Environmental Problem, Seller may either (a) perform or cause to be performed, the cure or remedy of such Material Environmental Problem and, if required, delay the Closing for ninety (90) days or such longer period as the parties may mutually agree without incurring any additional liability or obligation as a result of such delay, until such time as the remediation work is substantially completed, or (b) proceed to Closing without performing the remediation work, and allow Buyer, at Closing, a credit against the Purchase Price in an amount equal to the mutually agreed reasonably estimated cost ("Estimated Cost") of such remediation work, in which event Buyer shall take title to the Real Estate affected thereby subject to such Material Environmental Problem. If Seller fails to give Buyer timely notice of its intent to cure the Material Environmental Problem, or if Seller elects not to cure the Material Environmental Problem, then Buyer may either (a) proceed
Phase I Environmental Assessment. If the aggregate outstanding Loans of all the Lenders (including any such Loans to be made on the requested Borrowing Date) made in connection with any Acquired Land Parcel are equal to, or greater than $100,000, the Agent shall have received a Phase I Environmental Assessment to the respective Acquired Land Parcel in form and substance satisfactory to the Agent and dated a recent date acceptable to the Agent. The Agent shall forward a copy thereof to each Lender.
