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

DUE DILIGENCE REVIEW AND ENVIRONMENTAL ASSESSMENT. 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 United or its designated agents or consultants with the access to such property which United, its agents or consultants require to conduct the Environmental Assessment. If the Environmental Assessment identifies environmental conditions which require remediation or further evaluation under the Environmental Laws or if the results of the Environmental Assessment or due diligence review are otherwise not satisfactory to United in its sole discretion, then 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. United'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. United AVS 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 Owned Properties and Leased Premises (hereinafter referred to as an "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 United AVS or its designated agents or consultants with the access to such property which UnitedAVS, its agents or consultants require to conduct the Environmental Assessment. If the Environmental Assessment identifies environmental conditions which require remediation or further evaluation under the Environmental Laws or if the results of the Environmental Assessment or due diligence review are otherwise not satisfactory to United AVS in its sole discretion, then United AVS may, in addition prior to any other remedies available to itthe 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. United's AVS' 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. United AESP 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 United AESP or its designated agents or consultants with the access to such property which UnitedAESP, its agents or consultants require to conduct the Environmental Assessment. If the Environmental Assessment identifies environmental conditions which require remediation or further evaluation under the Environmental Laws or if the results of the Environmental Assessment or due diligence review are otherwise not satisfactory to United AESP in its sole discretion, then United may, in addition to any other remedies available to it, AESP may elect not to close the transactions contemplated by this Agreement in which case this Agreement shall be terminated. UnitedAESP'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 Company and/or 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. United At its sole expense, Republic 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 United Republic or its designated agents or consultants with the access to such property which UnitedRepublic, its agents or consultants require to conduct the Environmental Assessment. If the Environmental Assessment identifies environmental conditions contamination which require requires remediation or further evaluation under the Environmental Environmental, Health and Safety Laws or if the results of the Environmental Assessment or due diligence review are otherwise not satisfactory to United Republic in its sole discretion, then United may, in addition to any other remedies available to it, Republic may elect not to close the transactions contemplated by this Agreement in which case this Agreement shall be terminated. UnitedRepublic'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.