Common use of Developer’s Investigations Clause in Contracts

Developer’s Investigations. For a period up to and including the Contingency Date, EDA shall allow Developer and Developer’s agents access to the Property without charge and at all times for the purpose of Developer’s investigation and testing of the Property, including surveying and testing of soil and groundwater (“Developer’s Investigations”); provided, however, Developer shall not perform any invasive testing unless (a) EDA gives its prior approval of Developer’s consultant that will perform the testing, which approval shall not be unreasonably withheld, conditioned or delayed, and (b) Developer gives EDA reasonable prior notice of such testing. EDA shall have the right to accompany Developer during any of Developer’s Investigations of the Property. Developer shall provide to EDA copies of all third- party, non-confidential written test results and reports conducted as part of Developer’s Investigations. Developer agrees to pay all of the costs and expenses associated with Developer’s Investigations, to cause to be released any lien on the Property arising as a result of Developer’s Investigations and to repair and restore, at Developer’s expense, any damage to the Property caused by Developer’s Investigations. Developer shall indemnify and hold EDA harmless from all costs and liabilities, including, but not limited to, reasonable attorneys’ fees, arising from Developer’s Investigations. The indemnification obligations provided herein shall survive the termination or cancellation of this Agreement.

Developer’s Investigations. For a period up to and including From the Effective Date through the Contingency Date, EDA shall allow Developer and Developer’s agents access to the Property without charge and at all times for the purpose of Developer’s investigation and testing of the Property, including surveying and testing of soil and groundwater (“Developer’s Investigations”); provided, however, Developer shall not perform any invasive testing unless (a) EDA gives its prior approval of Developer’s consultant that will perform the testing, which approval shall not be unreasonably withheld, conditioned or delayed, and (b) Developer gives EDA reasonable prior notice of such testing. EDA shall have the right to accompany Developer during any of Developer’s Investigations of the Property. Developer shall provide to EDA copies of all third- party, non-confidential written test results and reports conducted as part of Developer’s Investigations. Developer agrees to pay all of the costs and expenses associated with Developer’s Investigations, to cause to be released any lien on the Property arising as a result of Developer’s Investigations and to repair and restore, at Developer’s expense, any damage to the Property caused by Developer’s Investigations. Developer shall indemnify and hold EDA harmless from all costs and liabilities, including, but not limited to, reasonable attorneys’ fees, arising from Developer’s Investigations. The indemnification obligations provided herein shall survive the termination or cancellation of this Agreement.