Environmental Access. Prior to the expiration of the Environmental Examination Period, subject to the restrictions contained in this Agreement and any required consent or waiver of any third person, Seller shall (i) permit Buyer and representatives of Buyer and its lenders to have reasonable access and at reasonable times in the Seller’s offices, and in a manner so as not to interfere unduly with the business operations of Seller, to Seller’s environmental files and records in Seller’s possession relating to the Assets insofar as Seller may do so without waiving any attorney/client work product or like privilege, and (ii) permit Buyer and the Environmental Consultant to have reasonable access to the Assets for the purpose of allowing Buyer and the Environmental Consultant to inspect and/or audit the Assets for any Environmental Defects (collectively, “Buyer’s Environmental Review”), all at Buyer’s sole risk, cost and expense.
Environmental Access. For a period of forty-five (45) days following -------------------- the execution of this Agreement (the "Environmental Examination Period") and subject to the restrictions contained in this Agreement and any required consent or waiver of any third Person (other than an Affiliate of Seller), Seller shall cause the Company (i) to permit Buyer and its representatives to have reasonable access at reasonable times in the Company's offices, and in a manner so as not to interfere unduly with the business operations of the Company, to Seller's and the Company's environmental files and records in the Seller's or the Company's possession relating to the Assets or any property formerly owned or operated by the Company insofar as Seller and the Company may do so without waiving any attorney/client, work product or like privilege and (ii) to permit Buyer and the Environmental Consultant to have reasonable access to the Assets for the purpose of allowing Buyer and the Environmental Consultant to inspect and/or audit the Assets for any Environmental Defects (collectively, "Buyer's Environmental Review"), all at Buyer's sole risk, cost and expense.
Environmental Access. Government, EPA, and the state and their respective officers, agents, employees, contractors, and subcontractors have the right, upon reasonable notice to the Lessee (for which the Government agrees to provide a 24-hour’s notice prior to the entry in question) to enter upon the Leased Premises for the purposes enumerated in this subparagraph, and for other purposes consistent with any provision of an FFA, if applicable:
Environmental Access. Government, EPA, and the state and their respective officers, agents, employees, contractors, and subcontractors have the right, upon reasonable notice to LESSEE to enter upon the Leased Premises for the purposes enumerated in this subparagraph, and for other purposes consistent with any provision of the FFA1 if applicable: To conduct investigations and surveys, including, where necessary, drilling, soil and water sampling, test pitting, testing soil borings, and other activities related to the ERP or the FFA, if applicable;
Environmental Access. Until three (3) days prior to Closing (the "Examination Period"), and subject to the restrictions contained in this Agreement and any required consent or waiver of any third person, Seller shall (i) permit Buyer and its representatives to have reasonable access at reasonable times in Seller's offices, and in a manner so as not to interfere unduly with the business operations of Seller, to Seller's environmental files and records relating to the Assets insofar as Seller may do so without waiving any attorney/client, work product or like privilege, and (ii) permit Buyer and its representatives or consultants to have reasonable access to the Assets for the purpose of allowing Buyer and such representatives or consultants to inspect and/or audit the Assets for any Environmental Defects (collectively, "Buyer's Environmental Review"), all at Buyer's sole risk, cost and expense. Seller or its representatives shall have the right to be present during any inspection of the Assets and shall have the right, at their option and expense, to split samples with Buyer.
Environmental Access. Promptly following the execution of this Agreement and until the first to occur of (i) the Closing Date, (ii) the expiration of the 30-day period commencing on the execution of this Agreement and (iii) the termination of this Agreement (the "Environmental Examination Period"), subject to the restrictions contained in this Agreement and any required consent or waiver of any third Person, Seller shall permit Buyers (acting through their authorized employees and the Environmental Consultant) to have reasonable access during normal business hours (i) in the Seller's and the Company's offices, and in a manner so as not to interfere unduly with the business operations of Seller or the Company, to Seller's and the Company's environmental files and records in Seller's or the Company's possession relating to the Assets and the Company's Assets insofar as Seller may do so without (1) violating legal constraints or any legal obligation or (2) waiving any attorney/client, work product or other privilege, and (ii) to the Assets and the Company's Assets for the purpose of allowing Buyers and their Environmental Consultant to conduct a Phase I Environmental Assessment and a limited compliance review with respect to the Assets and the Company's Assets, but expressly excluding any right to collect samples (including soil and groundwater samples), drill holes or to conduct or perform any other tests or a Phase II environmental audit with respect to the Assets or the Company's Assets without the express written consent of Seller, which consent shall not be unreasonably withheld, conditioned or delayed (collectively, "Buyers' Environmental Review"), all at Buyers' sole risk, cost and expense.
Environmental Access. From the date of this Agreement until five (5) Business Days prior to Closing (the "Examination Period"), and subject to the restrictions contained in this Agreement and any required consent or waiver of any third person, Sellers shall (i) permit Buyer and its representatives to have, upon reasonable advance notice, reasonable access at reasonable times in Sellers' offices, and in a manner so as not to interfere unduly with the business operations of Sellers, to Sellers' environmental files and records relating to the Assets insofar as Sellers may do so without waiving any attorney/client, work product or like privilege, and (ii) permit Buyer and its representatives or consultants to have reasonable access to the Assets for the purpose of allowing Buyer and such representatives or consultants to inspect and/or audit the Assets for any Environmental Defects (collectively, "Buyer's Environmental Review"), all at Buyer's sole risk, cost and expense. Sellers or their representatives shall have the right to be present during any inspection of the Assets and shall have the right, at their option and expense, to split samples with Buyer. Buyer shall provide Sellers with a copy of each environmental report and any other written information concerning inspections by its environmental consultants promptly after Buyer receives such material.
Environmental Access. During the Examination Period and subject to the restrictions contained in this Agreement and any required consent or waiver of any third person, Seller shall (i) permit Buyer and its representatives to have access in Seller’s offices, in a manner so as not to interfere unduly with the business operations of Seller, to Seller’s environmental files and the Records in Seller’s possession relating to the Assets insofar as Seller may do so without waiving any attorney/client, work product or like privilege and subject to any confidentiality restrictions; and (ii) permit Buyer and its representatives or consultants to have reasonable access to the Assets for the purpose of allowing Buyer and its representatives or consultants to inspect and/or audit the Assets for any Environmental Defects (collectively, “Buyer’s Environmental Review”), all at Buyer’s sole risk, cost and expense.
Environmental Access it shall, and shall cause each of its Subsidiaries to, allow each Lender and its agents reasonable access to its property or to any information regarding its property or activities to enable such Lender to assess the risk that the environmental situation of the Borrower or any of its Subsidiaries represents to the Lenders, to anticipate its effect or to take corrective action;
Environmental Access. 45 6.9 Employees......................................................45 6.10 Assignment.....................................................46 6.11
