Phase II Testing Clause Samples
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Phase II Testing. The goal of this task is to execute Phase II Testing and write a Test Report. • Execute testing according to the Phase I and Phase II Test Plan • Adjust test plan and re-test according to observed results • Collect at least 4 months of operations data from the ESS System. The data collection period may be changed with prior CAM written approval. • Prepare a Phase II ESS System Test Report that will include but is not limited to: o Summary of test plan, and any modifications made to plan o Summary of ESS and EVFC operations tested o Results of Testing • Phase II ESS System Test Report
Phase II Testing. Donee shall not conduct any soil, groundwater or other surface or subsurface sampling or testing on, at or below the Property (“Phase II Testing”) without first obtaining the Donor’s prior written consent (such consent not to be unreasonably withheld). Prior to the expiration of the Investigation Period and reasonably promptly after the Donee’s receipt of its Phase I environmental site assessment of the Property, the Donee shall notify Donor if Donee desires to conduct Phase II Testing at the Property based on the findings of the Donee’s Phase I environmental site assessment(s) or
Phase II Testing. For purposes of Section 5.10.4 of the Agreement (Phase II Testing), which shall otherwise apply to the Fusarium Funded Project, mutatis mutandis, all Phase II Testing shall be in Corn and:
(a) Fusarium Deliverables Group [* * *]. [* * *].
(b) Fusarium Deliverables Group [* * *]. [* * *]. *** Confidential treatment has been requested for redacted portions of this exhibit. This copy omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been provided separately to the Securities and Exchange Commission.
Phase II Testing. Except as set forth in Section 5.11.1, by the end of Collaboration Year 11, Monsanto shall in good faith initiate Phase II Testing, [* * *]
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(c) [* * *] *** Confidential treatment has been requested for redacted portions of this exhibit. This copy omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been provided separately to the Securities and Exchange Commission.
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Phase II Testing. The Company acknowledges and agrees that an environmental consulting firm to be jointly selected by the Company and Purchaser (it being understood and agreed by Purchaser that such environmental consulting firm shall not be ERM) shall conduct Phase II subsurface soil and groundwater testing at the Xinyi, China site, the cost of which shall be borne by the Purchaser. Any such work shall be conducted during regular business hours upon reasonable notice and shall not unreasonably interfere with the routine operations at such facility. Purchaser agrees to promptly share the results of all testing, monitoring or other similar investigative work performed by such consulting firm with the Company.
Phase II Testing. Except as set forth in Section 5.7.1, by the end of Collaboration Year 11, Monsanto shall in good faith initiate Phase II Testing, [* * *].
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(e) [* * *]. *** Confidential treatment has been requested for redacted portions of this exhibit. This copy omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been provided separately to the Securities and Exchange Commission.
Phase II Testing. Seller acknowledges that Buyer may desire to further test and/or investigate the environmental condition of the Property ("Phase II Testing"). For purposes of this Agreement, Phase II Testing shall mean any test, drilling of any holes or any other environmental inspection other than a visual inspection of the Property. The Phase II Testing shall be performed at Buyer's sole cost and expense. Prior to the commencement of any Phase II Testing, Buyer shall submit to Seller a written description of the desired Phase II Testing and the contractor(s) proposed to complete the Phase II Testing (the "Phase II Request"), which Phase II Testing and contractor(s) shall be subject to Seller's prior written approval, which approval shall not be unreasonably withheld or delayed. To the extent Seller fails to affirmatively approve or disapprove the Phase II Request within five (5) days of Seller's receipt of the Phase II Request, all dates in this Purchase Agreement shall be extended by the number of days between the fifth (5th) day following Seller's receipt of the Phase II Request and the date upon which Seller provides its approval or disapproval of the Phase II Request.