Common use of Entry for Inspection Clause in Contracts

Entry for Inspection. a. During the term of the Option, Owner shall provide Purchaser and Purchaser's agents or representatives with complete access to the Owner's Parcel for the purpose of conducting such inspections, engineering studies, surveys, appraisals, test borings or any other activities reasonably required by Purchaser in order to determine the suitability of the Owner's Parcel for Purchaser's purposes (collectively, the "Inspections"). The right to conduct Inspections shall include the right to enter upon any portion of the Owner's Parcel to take measurements, make inspections, make boundary and topographical survey maps, and to conduct geotechnical, environmental, groundwater, wetland and other studies required by Purchaser, in its sole discretion, and to determine the adequacy of utilities servicing the Owner's Parcel, zoning ordinances and compliance with laws. No such Inspections shall constitute a waiver or relinquishment on the part of Purchaser of its rights under any covenant, condition, representation or warranty of Owner under this Option Agreement. b. Upon execution of this Option Agreement, Owner shall deliver to Purchaser, at no cost to Purchaser, such of the following as are in the possession of or available to Owner: existing soil and groundwater tests, surveys, contracts, leases, title policies, environmental reports, underground storage tank test results, waste disposal records, permit records, traffic studies, other engineering tests and studies pertaining to the Owner's Parcel, all existing site plans, drawings, architectural drawings or other plans related to the development or proposed development of the Owner's Parcel. Owner shall cooperate with Purchaser during the Inspections and hereby agrees to use best efforts to attend all meetings in Xxxxxx County, Nebraska, to which Owner is invited by Purchaser relating to Purchaser's intended use of the Premises, and site plan approval. Purchaser shall not be obligated to undertake any soil borings or other invasive testing to determine the existence of hazardous materials on the Owner's Parcel, it being the intention of the parties that if noninvasive environmental inspections and testing indicate that the Owner's Parcel may contain hazardous substances, Purchaser shall have the option to terminate this Option Agreement, or, at Purchaser's sole election, to undertake further soil borings or invasive testing. If in Purchaser's judgment, such borings, surveys, studies, inspections or other tests indicate or determine that the Owner's Parcel contains any hazardous materials or substances or the condition of the Owner's Parcel or utility systems is not acceptable to Purchaser for any reason, then Purchaser may terminate this Option Agreement as its sole remedy, and Owner shall not have any further liability to Purchaser. c. In the event Purchaser conducts soil and groundwater tests, surveys, title searches, environmental reports, underground storage tank tests, or other engineering tests and studies with respect to the Premises prior to the exercise of the Option, a copy of such test results and reports shall be provided to Owner at no additional cost; provided that this obligation of Purchaser shall terminate upon exercise of the Option. In the event Purchaser conducts tests on the Premises and does not exercise the Option, the Purchaser shall return the condition of the Premises back to the same condition as found prior to such tests, within 90 days after the expiration of this Option Agreement. d. Purchaser agrees that its purchase of the Premises with respect to the physical condition of the Premises is "AS IS" and is based on Purchaser's Inspections and not upon any representation or warranty of Owner or Owner's agents or employees as to the physical condition of the Premises or as to the fitness of the Premises for Purchaser's intended use of the Premises for the location of an ethanol plant. Purchaser agrees that in the event of the exercise of the Option provided for herein, Owner shall not be held responsible for environmental problems and cleanup caused by the operation of the proposed ethanol plant after the purchase of the Premises by Purchaser.

Entry for Inspection. a. During the term of the Option, Owner shall provide Purchaser and Purchaser's agents or representatives with complete access to the Owner's Parcel for the purpose of conducting such inspections, engineering studies, surveys, appraisals, test borings or any other activities reasonably required by Purchaser in order to determine the suitability of the Owner's Parcel for Purchaser's purposes (collectively, the "Inspections"). The right to conduct Inspections shall include the right to enter upon any portion of the Owner's Parcel to take measurements, make inspections, make boundary and topographical survey maps, and to conduct geotechnical, environmental, groundwater, wetland and other studies required by Purchaser, in its sole discretion, and to determine the adequacy of utilities servicing the Owner's Parcel, zoning ordinances and compliance with laws. No such Inspections shall constitute a waiver or relinquishment on the part of Purchaser of its rights under any covenant, condition, representation or warranty of Owner under this Option Agreement. b. Upon execution of this Option Agreement, Owner shall deliver to Purchaser, at no cost to Purchaser, such of the following as are in the possession of or available to Owner: existing soil and groundwater tests, surveys, contracts, leases, title policies, environmental reports, underground storage tank test results, waste disposal records, permit records, traffic studies, other engineering tests and studies pertaining to the Owner's Parcel, all existing site plans, drawings, architectural drawings or other plans related to the development or proposed development of the Owner's Parcel. Owner shall cooperate with Purchaser during the Inspections and hereby agrees to use best efforts to attend all meetings in Xxxxxx County, Nebraska, to which Owner is invited by Purchaser relating to Purchaser's intended use of the Premises, and site plan approval. Purchaser shall not be obligated to undertake any soil borings or other invasive testing to determine the existence of hazardous materials on the Owner's Parcel, it being the intention of the parties that if noninvasive environmental inspections and testing indicate that the Owner's Parcel may contain hazardous substances, Purchaser shall have the option to terminate this Option Agreement, Agreement or, at Purchaser's sole election, to undertake further soil borings or invasive testing. If in Purchaser's judgment, such borings, surveys, studies, inspections or other tests indicate or determine that the Owner's Parcel contains any hazardous materials or substances or the condition of the Owner's Parcel or utility systems is not acceptable to Purchaser for any reason, then Purchaser may terminate this Option Agreement as its sole remedy, and Owner shall not have any further liability to Purchaser. c. In the event Purchaser conducts soil and groundwater tests, surveys, title searches, environmental reports, underground storage tank tests, or other engineering tests and studies with respect to the Premises prior to the exercise of the Option, a copy of such test results and reports shall be provided to Owner at no additional cost; provided that this obligation of Purchaser shall terminate upon exercise of the Option. In the event Purchaser conducts tests on the Premises and does not exercise the Option, the Purchaser shall return the condition of the Premises back to the same condition as found prior to such tests, within 90 days after the expiration of this Option Agreement. d. Purchaser agrees that its purchase of the Premises with respect to the physical condition of the Premises is "AS IS" and is based on Purchaser's Inspections and not upon any representation or warranty of Owner or Owner's agents or employees as to the physical condition of the Premises or as to the fitness of the Premises for Purchaser's intended use of the Premises for the location of an ethanol plant. Purchaser agrees that in the event of the exercise of the Option provided for herein, Owner shall not be held responsible for environmental problems and cleanup caused by the operation of the proposed ethanol plant after the purchase of the Premises by Purchaser.

Entry for Inspection. a. During the term of the Option, Owner shall provide Purchaser and Purchaser's agents or representatives with complete access to the Owner's Parcel for the purpose of conducting such inspections, engineering studies, surveys, appraisals, test borings or any other activities reasonably required by Purchaser in order to determine the suitability of the Owner's Parcel for Purchaser's purposes (collectively, the "Inspections"). The right to conduct Inspections shall include the right to enter upon any portion of the Owner's Parcel to take measurements, make inspections, make boundary and topographical survey maps, and to conduct geotechnical, environmental, groundwater, wetland and other studies required by Purchaser, in its sole discretion, and to determine the adequacy of utilities servicing the Owner's Parcel, zoning ordinances and compliance with laws. No such Inspections shall constitute a waiver or relinquishment on the part of Purchaser of its rights under any covenant, condition, representation or warranty of Owner under this Option Agreement. b. . Upon execution of this Option Agreement, Owner shall deliver to Purchaser, at no cost to Purchaser, such of the following as are in the possession of or available to Owner: existing soil and groundwater tests, surveys, contracts, leases, title policies, environmental reports, underground storage tank test results, waste disposal records, permit records, traffic studies, other engineering tests and studies pertaining to the Owner's Parcel, all existing site plans, drawings, architectural drawings or other plans related to the development or proposed development of the Owner's Parcel. Owner shall cooperate with Purchaser during the Inspections and hereby agrees to use best efforts to attend all meetings in Xxxxxx County, Nebraska, to which Owner is invited by Purchaser relating to Purchaser's intended use of the Premises, and as well as all site plan approvalapproval meetings. Purchaser shall not be obligated to undertake any soil borings or other invasive testing to determine the existence of hazardous materials on the Owner's Parcel, it being the intention of the parties that if noninvasive environmental inspections and testing indicate that the Owner's Parcel may contain hazardous substances, Purchaser shall have the option to terminate this Option Agreement, or, at Purchaser's sole election, to undertake further soil borings or invasive testing. If in Purchaser's judgment, such borings, surveys, studies, inspections or other tests indicate or determine that the Owner's Parcel contains any hazardous materials or substances or the condition of the Owner's Parcel or utility systems is not acceptable to Purchaser pay for any reason, then Purchaser may terminate this Option Agreement as its sole remedy, and Owner shall not have any further liability to Purchaser. c. In the event Purchaser conducts soil and groundwater tests, surveys, title searches, environmental reports, underground storage tank tests, or other engineering tests and studies with respect to the Premises prior to the crop damage incurred by exercise of the Option, a copy of such test results and reports shall be provided to Owner at no additional cost; provided that rights granted in this obligation of Purchaser shall terminate upon exercise of the Option. In the event Purchaser conducts tests on the Premises and does not exercise the Option, the Purchaser shall return the condition of the Premises back to the same condition as found prior to such tests, within 90 days after the expiration of this Option Agreementparagraph. d. Purchaser agrees that its purchase of the Premises with respect to the physical condition of the Premises is "AS IS" and is based on Purchaser's Inspections and not upon any representation or warranty of Owner or Owner's agents or employees as to the physical condition of the Premises or as to the fitness of the Premises for Purchaser's intended use of the Premises for the location of an ethanol plant. Purchaser agrees that in the event of the exercise of the Option provided for herein, Owner shall not be held responsible for environmental problems and cleanup caused by the operation of the proposed ethanol plant after the purchase of the Premises by Purchaser.

Entry for Inspection. a. During the term of the Option, Owner shall provide Purchaser and Purchaser's agents or representatives with complete access to the Owner's Parcel for the purpose of conducting such inspections, engineering studies, surveys, appraisals, test borings or any other activities reasonably required by Purchaser in order to determine the suitability of the Owner's Parcel for Purchaser's purposes (collectively, the "Inspections"). The right to conduct Inspections shall include the right to enter upon any portion of the Owner's Parcel to take measurements, make inspections, make boundary and topographical survey maps, and to conduct geotechnical, environmental, groundwater, wetland and other studies required by Purchaser, in its sole discretion, and to determine the adequacy of utilities servicing the Owner's Parcel, zoning ordinances and compliance with laws. No such Inspections shall constitute a waiver or relinquishment on the part of Purchaser of its rights under any covenant, condition, representation or warranty of Owner under this Option Agreement. b. . Upon execution of this Option Agreement, Owner shall deliver to Purchaser, at no cost to Purchaser, such of the following as are in the possession of or available to Owner: existing soil and groundwater tests, surveys, contracts, leases, title policies, environmental reports, underground storage tank test results, waste disposal records, permit records, traffic studies, other engineering tests and studies pertaining to the Owner's Parcel, all existing site plans, drawings, architectural drawings or other plans related to the development or proposed development of the Owner's Parcel. Owner shall cooperate with Purchaser during the Inspections and hereby agrees to use best efforts to attend all meetings in Xxxxxx County, Nebraska, to which Owner is invited by Purchaser relating to Purchaser's intended use of the Premises, and as well as all site plan approval. Purchaser shall not be obligated to undertake any soil borings or other invasive testing to determine the existence of hazardous materials on the Owner's Parcel, it being the intention of the parties that if noninvasive environmental inspections and testing indicate that the Owner's Parcel may contain hazardous substances, Purchaser shall have the option to terminate this Option Agreement, or, at Purchaser's sole election, to undertake further soil borings or invasive testing. If in Purchaser's judgment, such borings, surveys, studies, inspections or other tests indicate or determine that the Owner's Parcel contains any hazardous materials or substances or the condition of the Owner's Parcel or utility systems is not acceptable to Purchaser for any reason, then Purchaser may terminate this Option Agreement as its sole remedy, and Owner shall not have any further liability to Purchaserapproval meetings. c. In the event Purchaser conducts soil and groundwater tests, surveys, title searches, environmental reports, underground storage tank tests, or other engineering tests and studies with respect to the Premises prior to the exercise of the Option, a copy of such test results and reports shall be provided to Owner at no additional cost; provided that this obligation of Purchaser shall terminate upon exercise of the Option. In the event Purchaser conducts tests on the Premises and does not exercise the Option, the Purchaser shall return the condition of the Premises back to the same condition as found prior to such tests, within 90 days after the expiration of this Option Agreement. d. Purchaser agrees that its purchase of the Premises with respect to the physical condition of the Premises is "AS IS" and is based on Purchaser's Inspections and not upon any representation or warranty of Owner or Owner's agents or employees as to the physical condition of the Premises or as to the fitness of the Premises for Purchaser's intended use of the Premises for the location of an ethanol plant. Purchaser agrees that in the event of the exercise of the Option provided for herein, Owner shall not be held responsible for environmental problems and cleanup caused by the operation of the proposed ethanol plant after the purchase of the Premises by Purchaser.

Entry for Inspection. a. During the term of the Option, Owner shall provide Purchaser and Purchaser's agents or representatives with complete access to the Owner's Parcel for the purpose of conducting such inspections, engineering studies, surveys, appraisals, test borings or any other activities reasonably required by Purchaser in order to determine the suitability of the Owner's Parcel for Purchaser's purposes (collectively, the "Inspections"). The right to conduct Inspections shall include the right to enter upon any portion of the Owner's Parcel to take measurements, make inspections, make boundary and topographical survey maps, and to conduct geotechnical, environmental, groundwater, wetland and other studies required by Purchaser, in its sole discretion, and to determine the adequacy of utilities servicing the Owner's Parcel, zoning ordinances and compliance with laws. No such Inspections shall constitute a waiver or relinquishment on the part of Purchaser of its rights under any covenant, condition, representation or warranty of Owner under this Option Agreement. b. Upon execution of this Option Agreement, Owner shall deliver to Purchaser, at no cost to Purchaser, such of the following as are in the possession of or available to Owner: existing soil and groundwater tests, surveys, contracts, leases, title policies, environmental reports, underground storage tank test results, waste disposal records, permit records, traffic studies, other engineering tests and studies pertaining to the Owner's Parcel, all existing site plans, drawings, architectural drawings or other plans related to the development or proposed development of the Owner's Parcel. Owner shall cooperate with Purchaser during the Inspections and hereby agrees to use best efforts to attend all meetings in Xxxxxx County, Nebraska, Nebraska to which Owner is invited by Purchaser relating to Purchaser's intended use of the Premises, and site plan approval. Purchaser shall not be obligated to undertake any soil borings or other invasive testing to determine the existence of hazardous materials on the Owner's Parcel, it being the intention of the parties that if noninvasive environmental inspections and testing indicate that the Owner's Parcel may contain hazardous substances, Purchaser shall have the option to terminate this Option Agreement, or, at Purchaser's sole election, to undertake further soil borings or invasive testing. If in Purchaser's judgment, such borings, surveys, studies, inspections or other tests indicate or determine that the Owner's Parcel contains any hazardous materials or substances or the condition of the Owner's Parcel or utility systems is not acceptable to Purchaser for any reason, then Purchaser may terminate this Option Agreement as its sole remedy, and Owner shall not have any further liability to Purchaser. c. In the event Purchaser conducts soil and groundwater tests, surveys, title searches, environmental reports, underground storage tank tests, or other engineering tests and studies with respect to the Premises prior to the exercise of the Option, a copy of such test results and reports shall be provided to Owner at no additional cost; provided that this obligation of Purchaser shall terminate upon exercise of the Option. In the event Purchaser Purchase conducts tests on the Premises and does not exercise the Option, the Purchaser shall return the condition of the Premises back to the same condition as found prior to such tests, within 90 days after the expiration of this Option Agreement. d. Purchaser agrees that its it purchase of the Premises with respect to the physical condition of the Premises is "AS IS" and is based on Purchaser's Inspections and not upon any representation or warranty of Owner or Owner's agents or employees as to the physical condition of the Premises or as to the fitness of the Premises for Purchaser's intended intends use of the Premises for the location of an ethanol plant. Purchaser agrees that in the event of the exercise of the Option provided for herein, Owner shall not be held responsible for environmental problems and cleanup caused by the operation of the proposed ethanol plant after the purchase of the Premises by Purchaser.