Environmental Diligence. The Purchaser shall have completed the Phase II Investigation at the Aurangabad Facility, which shall be reasonably satisfactory to the Purchaser (it being agreed and understood that such Phase II Investigation shall be deemed reasonably satisfactory if the results disclosed in such Phase II Investigation provide that there are no Hazardous Materials present in, on, under or adjacent to the Aurangabad Facility in such character and extent that would subject the Seller to any Liability or require any expenditure for investigation, monitoring, remediation or corrective action to meet any standards under any applicable Environmental Law); and
Environmental Diligence. Purchaser shall have received an environmental assessment report in form and substance reasonably satisfactory to Purchaser with respect to the environmental hazards, conditions, liabilities or potential liabilities to which Sellers, and the properties currently or formerly owned, leased or operated by Sellers or their subsidiaries may be subject, provided that in the event the environmental assessment report is not in form and substance reasonably satisfactory to Purchaser, Purchaser will agree to waive this condition, if, in its discretion, it is satisfied with Sellers' agreement to remediate the conditions raised in such report.
Environmental Diligence. (a) Purchaser may conduct, and if so, shall complete within the Environmental Due Diligence Period and at Purchaser's own expense, environmental investigations for purpose of identifying Environmental Hazards, including, at Purchaser's election, so-called "Phase I" assessments and/or "Phase II" subsurface investigations, by an independent, qualified environmental engineer or consultant ("Environmental Consultant") of the Real Property during the Environmental Due Diligence Period, provided that Purchaser shall use its commercially reasonable efforts to commence any such investigation within five (5) Business Days from the date hereof.
Environmental Diligence. Purchaser shall, within ninety (90) days following the Agreement Date, have completed, at its sole cost and expense, an environmental investigation of the Real Property (which may, in Purchaser's discretion, include environmental audits or any other similar invasive or non-invasive procedures, subject to Section 6.2), and shall have determined, in its sole discretion, that the results of such investigation are satisfactory to Purchaser. Purchaser shall provide written notice to Seller, not later than fifteen (15) days following the completion of such investigation but in any event not less than thirty (30) days prior to Closing, whether Purchaser has determined that it is satisfied with respect to the results of such investigation. No such investigation or assessment shall in any manner be deemed to relieve Seller of any obligations with respect to any warranties, representations, covenants or other undertakings m ade hereunder or to qualify any such warranties, representations or covenants, except to the extent that Purchaser has failed to comply with its obligations under Section 6.13(c) or 6.13(d). Purchaser shall have the right to extend the ninety (90)-day deadline set forth above upon a showing of good cause and with the consent of Seller (which consent shall not be unreasonably withheld).
Environmental Diligence. Buyer shall have received, to its reasonable satisfaction, an environmental report from Xxxxxxxxxx Xxxxxx, Buyer's environmental consultant, relating to Xxxxxxxxxx Xxxxxx'x Phase I site assessments of the Company's Napa and Berkeley facilities; PROVIDED, HOWEVER, that this condition shall be deemed satisfied unless Buyer notifies Seller no later than December 15, 1996 that Seller has received a report from Xxxxxxxxxx Xxxxxx which is not to Seller's reasonable satisfaction.
Environmental Diligence. On or prior to the twentieth (20th) day following the Effective Date, Buyer’s environmental due diligence of the Xxxxxx Midwest Business shall not have revealed any event, condition, development or change of any kind which has had, or would be reasonably expected to have, a Material Adverse Effect.
Environmental Diligence. Buyer may obtain, at Buyer’s expense, a Phase I environmental assessment within forty-five (45) days following the date of this Agreement. Buyer shall promptly give to Seller a copy of any environmental report resulting from the assessment. Further, Buyer shall give Seller written notice within ten (10) days after the date of receipt of such report that Buyer reasonably deems the report unacceptable. Upon its receipt of such notice, Seller may either elect to cure such condition(s) to the reasonable satisfaction of Buyer or notify Buyer in writing within thirty (30) days after receipt of Buyer’s timely notice of its election not to cure the same. If Seller elects not to cure, Buyer may elect to terminate this Agreement by providing written notice of termination to Seller within five (5) business days of the receipt of Seller’s notice. Buyer’s failure to deliver any notice required hereby on a timely basis shall constitute a waiver of any objections Buyer may have had with respect to the environmental condition of the Real Property.
Environmental Diligence. (a) During the Environmental Due Diligence Period, Purchaser may conduct at Purchaser’s sole expense, environmental investigations for purpose of identifying Environmental Conditions, including, at Purchaser’s election, so-called “Phase I” assessments and/or “Phase II” subsurface investigations, by an Environmental Consultant.
Environmental Diligence. (a) Purchaser acknowledges that prior to the date hereof, it has been provided copies of "Phase I" assessments of the Real Property prepared for Sovereign by ESNR Consulting and Engineering.
Environmental Diligence. (a) Purchaser acknowledges that prior to the date hereof, Seller has provided to Purchaser a copy of the "Phase I" environmental assessment of the Real Property prepared for Seller by ENSR Consulting and Engineering.
