During the Feasibility Period Clause Samples

During the Feasibility Period. Buyer shall conduct all inspections, tests and studies of the Real Property as Buyer deems necessary or desirable in connection with Buyer’s anticipated development of the Real Property. Buyer shall also have the right to have discussions with applicable governmental bodies and agencies regarding the Real Property and the development of the Land. If Buyer disapproves in its sole and absolute discretion any condition of the Real Property or the feasibility of Buyer’s intended use and development of the Real Property for any reason or no reason whatsoever, Buyer shall have the right at any time during the Feasibility Period to terminate this Agreement by written notice to Seller and Escrow Holder (a “Termination Notice”). If Buyer timely delivers a Termination Notice, then (i) Escrow Holder shall promptly deliver all documents deposited with Escrow Holder to the party that deposited such documents, (ii) Buyer shall bear all escrow and title cancellation fees, and (iii) neither party shall have any further rights or obligations hereunder, except for obligations set forth in this Agreement which expressly survive termination. If Buyer fails to deliver a Termination Notice on or before the end of the Feasibility Period, Buyer shall be deemed to have approved its feasibility investigation of the Real Property.

During the Feasibility Period. Buyer and Buyer's Agents shall be granted a right of entry on the Real Property to perform such soil, engineering and geological tests and other physical inspections, including building systems and components, to make such other reports as Buyer shall deem appropriate and for any other purpose related to Buyer's proposed use of the Property. Buyer's entry onto the Real Property as provided in this Section 5.2 is referred to herein as the "Inspection." Buyer's right of entry upon the Real Property for the purposes of the Inspection shall be subject to, and Buyer agrees to perform, each of the following conditions and covenants, all of which shall survive the termination of this Agreement or delivery of the Deed (as hereinafter defined) and the Closing: (i) Buyer shall pay all costs, expenses, liabilities and charges incurred by Buyer related to Buyer's entry. (ii) Buyer, at Buyer's sole cost, shall repair all damage or injury caused by Buyer or Buyer's Agents in connection with any such inspection or entry and shall return the Real Property to the condition existing prior to such entry, it being understood, however, that Buyer shall not be responsible for damage due to the mere discovery of a pre- existing condition, provided Buyer shall be responsible for any exacerbation of a pre-existing condition resulting from Buyer's activities. (iii) Any such entry upon the Real Property shall be upon no less than 24 hours advance notice to Seller and shall be at reasonable times during normal business hours and shall not unreasonably interfere with the Seller's and/or Magma's operations on the Real Property. Seller shall have the right to accompany Buyer and Buyer's Agents during any entry upon the Real Property and to require that Buyer and Buyer's Agents comply with Seller's reasonable security procedures. (iv) Buyer shall keep the Real Property free and clear of all liens arising out of Buyer's activities conducted upon the Real Property. (v) Buyer shall indemnify and hold Seller harmless from any lien, loss, claim, liability, or expense, including reasonable attorneys' fees and costs, directly arising out of or in connection with the Inspection. Such obligation to indemnify and hold Seller harmless shall survive Closing or any termination of this Agreement. (vi) Buyer shall provide (or cause Buyer's Agents to provide) liability insurance with a combined single limit liability of not less than Five Million Dollars ($5,000,000), either under Buyer's policy or such...