Common use of DUE DILIGENCE REVIEW AND ENVIRONMENTAL ASSESSMENT Clause in Contracts

DUE DILIGENCE REVIEW AND ENVIRONMENTAL ASSESSMENT. At its sole expense, Republic shall be entitled to have conducted prior to Closing a due diligence review of the assets, properties, books and records of the Company and an environmental assessment of the Leased Premises (hereinafter referred to as "Environmental Assessment"). The Environmental Assessment may include, but not be limited to, a physical examination of the Leased Premises, and any structures, facilities, or equipment located thereon, soil samples, ground and surface water samples, storage tank testing, review of pertinent records, documents, and Licenses of the Company. The Shareholders shall provide Republic or its designated agents or consultants with the access to such property which Republic, its agents or consultants require to conduct the Environmental Assessment. If the Environmental Assessment identifies environmental contamination which requires remediation or further evaluation under the Environmental, Health and Safety Laws or if the results of the Environmental Assessment are otherwise not satisfactory to Republic in its sole discretion, then Republic may elect not to close the transactions contemplated by this Agreement in which case this Agreement shall be terminated. Republic's failure or decision not to conduct any such Environmental Assessment shall not affect any representation or warranty of the Shareholders under this Agreement.

DUE DILIGENCE REVIEW AND ENVIRONMENTAL ASSESSMENT. At its sole expense, Republic United shall be entitled to have conducted prior to the Closing a due diligence review of the assets, properties, books and records of the Company and an environmental assessment of the Leased Premises (hereinafter referred to as an "Environmental Assessment"). The Environmental Assessment may include, but not be limited to, a physical examination of the Leased Premises, and any structures, facilities, or equipment located thereon, soil samples, ground and surface water samples, storage tank testing, review of pertinent records, documents, and Licenses of the Company. The Shareholders shall provide Republic United or its designated agents or consultants with the access to such property which RepublicUnited, its agents or consultants require to conduct the Environmental Assessment. If the Environmental Assessment identifies environmental contamination conditions which requires require remediation or further evaluation under the Environmental, Health and Safety Environmental Laws or if the results of the Environmental Assessment or due diligence review are otherwise not satisfactory to Republic United in its sole discretion, then Republic may United may, in addition to any other remedies available to it, elect not to close the transactions contemplated by this Agreement in which case this Agreement shall be terminated. RepublicUnited's failure or decision not to conduct any such Environmental Assessment or the results of any such Environmental Assessment shall not affect any representation or warranty of the Shareholders or Principals under this Agreement. A disclosure on any schedule, appendix or exhibit to this Agreement shall not preclude United from determining, after further review of the matter disclosed, that United is not satisfied with the results of its due diligence review with respect to such matter.

DUE DILIGENCE REVIEW AND ENVIRONMENTAL ASSESSMENT. At its sole expense, Republic AVS shall be entitled to have conducted prior to Closing a due diligence review of the assets, properties, books and records of the Company and an environmental assessment of the Owned Properties and Leased Premises (hereinafter referred to as "Environmental Assessment"). The Environmental Assessment may include, but not be limited to, a physical examination of the Owned Property or Leased Premises, and any structures, facilities, or equipment located thereon, soil samples, ground and surface water samples, storage tank testing, review of pertinent records, documents, and Licenses of the Company. The Shareholders shall provide Republic AVS or its designated agents or consultants with the access to such property which RepublicAVS, its agents or consultants require to conduct the Environmental Assessment. If the Environmental Assessment identifies environmental contamination conditions which requires require remediation or further evaluation under the Environmental, Health and Safety Environmental Laws or if the results of the Environmental Assessment or due diligence review are otherwise not satisfactory to Republic AVS in its sole discretion, then Republic may AVS may, prior to the Effective Date, elect to terminate this Agreement and not to close the transactions contemplated by this Agreement in which case this Agreement shall be terminatedas its sole and exclusive remedy. Republic's AVS' failure or decision not to conduct any such Environmental Assessment shall not affect any representation or warranty of the Shareholders under this Agreement.

DUE DILIGENCE REVIEW AND ENVIRONMENTAL ASSESSMENT. At its sole expense, Republic AESP shall be entitled to have conducted prior to Closing a due diligence review of the assets, properties, books and records of the Company and an environmental assessment of the Leased Premises (hereinafter referred to as "Environmental Assessment"). The Environmental Assessment may include, but not be limited to, a physical examination of the Leased Premises, and any structures, facilities, or equipment located thereon, soil samples, ground and surface water samples, storage tank testing, review of pertinent records, documents, and Licenses of the Company. The Shareholders shall provide Republic AESP or its designated agents or consultants with the access to such property which RepublicAESP, its agents or consultants require to conduct the Environmental Assessment. If the Environmental Assessment identifies environmental contamination conditions which requires require remediation or further evaluation under the Environmental, Health and Safety Environmental Laws or if the results of the Environmental Assessment or due diligence review are otherwise not satisfactory to Republic AESP in its sole discretion, then Republic AESP may elect not to close the transactions contemplated by this Agreement in which case this Agreement shall be terminated. RepublicAESP's failure or decision not to conduct any such Environmental Assessment shall not affect any representation or warranty of the Company and/or the Shareholders under this Agreement.

DUE DILIGENCE REVIEW AND ENVIRONMENTAL ASSESSMENT. At its sole expense, Republic USE shall be entitled to have conducted prior to Closing a due diligence review of the assets, properties, books and records of the Company and an environmental assessment of the Owned Properties and Leased Premises (hereinafter referred to as "Environmental Assessment"). The Environmental Assessment may include, but not be limited to, a physical examination of the Owned Property or Leased Premises, and any structures, facilities, or equipment located thereon, soil samples, ground and surface water samples, storage tank testing, review of pertinent records, documents, and Licenses of the Company. The Shareholders shall provide Republic USE or its designated agents or consultants with the access to such property which RepublicUSE, its agents or consultants require to conduct the Environmental Assessment. If the Environmental Assessment identifies environmental contamination conditions which requires require remediation or further evaluation under the Environmental, Health and Safety Environmental Laws or if the results of the Environmental Assessment or due diligence review are otherwise not satisfactory to Republic USE in its sole discretion, then Republic USE may elect not to close the transactions contemplated by this Agreement in which case this Agreement shall be terminated. RepublicUSE's failure or decision not to conduct any such Environmental Assessment shall not affect any representation or warranty of the Shareholders under this Agreement.