Common use of Buyer's Environmental Due Diligence Clause in Contracts

Buyer's Environmental Due Diligence. (a) Buyer's Inspection and Testing Rights. During the Inspection ------------------------------------- Period, Buyer shall obtain a subsurface investigation report on the extent and concentrations of any petroleum products in the soil and, if encountered, groundwater at or under the Real Estate (the "Phase II Report"). Buyer shall engage a geologist or professional engineer who is licensed by the State of California and who is not an affiliate of Buyer or Seller (the "Environmental Consultant"), to perform the subsurface investigation and prepare and certify the Phase II Report. Buyer shall initially pay for the cost of the Phase II Report. Escrow Holder shall prorate the cost of the Phase II Report at the closing so that Buyer and Seller share equally up to $15,000 of the total cost of the Phase II Report. The parties shall request that the Environmental Consultant complete the Phase II Report at least 10 days prior to the end of the Inspection Period. Subject to the provisions of Section 12.5 (b) below, Buyer shall determine the scope of work for the Phase II Report, in its reasonable discretion. Buyer shall have the right to modify the scope of work, as a result of on-site conditions discovered in the course of the investigation.

Buyer's Environmental Due Diligence. (a) Buyer's Inspection and Testing Rights. During the Inspection ------------------------------------- Period, Buyer shall obtain a subsurface investigation report on the extent and concentrations of any petroleum products in the soil and, if encountered, groundwater at or under the Real Estate (the "Phase II Report"). Buyer shall engage a geologist or professional engineer who is licensed by the State of California and who is not an affiliate of Buyer or Seller (the "Environmental Consultant"), to perform the subsurface investigation and prepare and certify the Phase II Report. Buyer shall initially pay for the cost of the Phase II Report. Escrow Holder shall prorate the cost of the Phase II Report at the closing so that Buyer and Seller share equally up to $15,000 of the total cost of the Phase II Report. The parties shall request that the Environmental Consultant complete the Phase II Report at least 10 days prior to the end of the Inspection Period. Subject to the provisions of Section 12.5 (b) below, Buyer shall determine the scope of work for the Phase II 11 Report, in its reasonable discretion. Buyer shall have the right to modify the scope of work, as a result of on-site conditions discovered in the course of the investigation.

Buyer's Environmental Due Diligence. (a) Buyer's Inspection and Testing Rights. During the Inspection ------------------------------------- Period, Buyer shall obtain a subsurface investigation report on the extent and concentrations of any petroleum products in the soil and, if encountered, groundwater at or under the Real Estate (the "Phase II Report"). Buyer shall engage a geologist or professional engineer who is licensed by the State of California and who is not an affiliate of Buyer or Seller (the "Environmental Consultant"), to perform the subsurface investigation and prepare and certify the Phase II Report. Buyer shall initially pay for the cost of the Phase II Report. Escrow Holder shall prorate the cost of the Phase II Report at the closing so that Buyer and Seller share equally up to $15,000 of the total cost of the Phase II Report. The parties shall request that the Environmental Consultant complete the Phase II Report at least 10 days prior to the end of the Inspection Period. Subject to the provisions of Section 12.5 12.7 (b) below, Buyer shall determine the scope of work for the Phase II Report, in its reasonable discretion. Buyer shall have the right to modify the scope of work, as a result of on-site conditions discovered in the course of the investigation.

Buyer's Environmental Due Diligence. (a) Buyer's Inspection and Testing Rights. During the ------------------------------------- Inspection ------------------------------------- Period, Buyer shall obtain a subsurface investigation report on the extent and concentrations of any petroleum products in the soil and, if encountered, groundwater at or under the Real Estate (the "Phase II Report"). Buyer shall engage a geologist or professional engineer who is licensed by the State of California and who is not an affiliate of Buyer or Seller (the "Environmental Consultant"), to perform the subsurface investigation and prepare and certify the Phase II Report. Buyer shall initially pay for the cost of the Phase II Report. Escrow Holder shall prorate the cost of the Phase II Report at the closing so that Buyer and Seller share equally up to $15,000 of the total cost of the Phase II Report. The parties shall request that the Environmental Consultant complete the Phase II Report at least 10 days prior to the end of the Inspection Period. Subject to the provisions of Section 12.5 (b) below, Buyer shall determine the scope of work for the Phase II Report, in its reasonable discretion. Buyer shall have the right to modify the scope of work, as a result of on-site conditions discovered in the course of the investigation.