Common use of Environmental Due Diligence Examination Clause in Contracts

Environmental Due Diligence Examination. (a) Buyer shall have the right, or the right to cause environmental consultant(s) ("Buyer's Environmental Consultant"), to conduct an environmental review of the Properties prior to the expiration of the Examination Period ("Buyer's Environmental Review"); provided, however, that Buyer's environmental and physical examination, investigation and assessment of the Properties may not, without the prior written consent of Seller, not to be unreasonably withheld, include any soil or water tests or borings or other invasive tests or examinations with respect to the Properties. Seller shall make, and shall cause the Company and the Subsidiaries to make, all of their records, employees, and physical assets available to the Buyer and Buyer’s Environmental Consultant for inspection and review, to allow the Buyer to conduct a reasonable and appropriate environmental inquiry and due diligence investigation. The cost and expense of Buyer's Environmental Review, if any, shall be borne solely by Buyer. No Person, other than Buyer's Environmental Consultant and Buyer's employees may conduct Buyer's Environmental Review. Seller shall have the right to have representatives thereof (including personnel of the Company and/or the Subsidiaries) present to observe Buyer's Environmental Review. With respect to any samples taken in connection with Buyer's Environmental Review, Seller shall be permitted to take split samples. Buyer agrees to conduct Buyer's Environmental Review in a manner so as not to unduly interfere with the business operations of the Company or the Subsidiaries and in compliance with all Applicable Laws and Buyer shall exercise due care with respect to the Company's or the Subsidiaries' properties and their condition.

Environmental Due Diligence Examination. (a) During the Examination Period, Buyer shall have the right, or the right to cause an environmental consultant(s) consultant reasonably acceptable to Sellers ("“Buyer's ’s Environmental Consultant"”), to conduct an a Phase I environmental review of the Properties prior to the expiration of the Examination Period ("Buyer's Environmental Review"); provided, however, that Buyer's environmental and physical examination, investigation and assessment of the Properties may not, without the prior written consent of Seller, not and to be unreasonably withheld, include conduct any soil or water tests or borings further Phase I or other non-invasive tests or examinations with respect environmental assessment of the Properties it deems appropriate, to the Properties. Seller shall make, and shall cause extent Sellers have the Company and the Subsidiaries authority to make, all of their records, employees, and physical assets available grant such right to the Buyer and (“Buyer’s Environmental Consultant for inspection and Review”). No less than three Business Days prior to the proposed commencement date of Buyer’s Environmental Review, Buyer shall furnish Sellers with an outline of the proposed scope of such review, to allow including the Buyer to conduct a reasonable and appropriate environmental inquiry and due diligence investigationlocations of such activities. The cost and expense of Buyer's ’s Environmental Review, if any, shall be borne solely by Buyer. No Person, other than Buyer's ’s Environmental Consultant and Buyer's employees ’s employees, may conduct Buyer's ’s Environmental Review. Seller Sellers shall have the right to have representatives thereof (including personnel of the Company and/or the Subsidiaries) present to observe Buyer's ’s Environmental Review. With respect to any samples taken Review conducted in connection with Buyer's Environmental Review, Seller shall be permitted to take split samplesSellers’ offices or on Sellers’ properties. Buyer agrees to conduct Buyer's ’s Environmental Review in a manner so as not to unduly interfere with the business operations of the Company or the Subsidiaries Sellers and in compliance with all Applicable Laws Laws, and Buyer shall exercise due care with respect to the Company's or the Subsidiaries' Sellers’ properties and their condition.

Environmental Due Diligence Examination. (a) Buyer shall have the right, or the right to cause an environmental consultant(s) consultant reasonably acceptable to Seller ("Buyer's Environmental Consultant"), to conduct an environmental review of the Properties prior to the expiration of the Examination Period ("Buyer's Environmental Review"); provided, however, that . No less than 48 hours prior to the proposed commencement date of Buyer's environmental and physical examinationEnvironmental Review, investigation and assessment Buyer shall furnish Seller with an outline of the Properties may not, without the prior written consent proposed scope of Seller, not to be unreasonably withheld, include any soil or water tests or borings or other invasive tests or examinations with respect to the Properties. Seller shall make, and shall cause the Company and the Subsidiaries to make, all of their records, employees, and physical assets available to the Buyer and Buyer’s Environmental Consultant for inspection and such review, to allow including the Buyer to conduct a reasonable and appropriate environmental inquiry and due diligence investigationlocations of such activities. The cost and expense of Buyer's Environmental Review, if any, shall be borne solely by Buyer. No Person, other than Buyer's Environmental Consultant and Buyer's employees may conduct Buyer's Environmental Review. Seller shall have the right to have representatives thereof (including personnel of the Company and/or the Subsidiaries) present to observe Buyer's Environmental ReviewReview conducted in Seller's offices or on Seller's properties. With respect to any samples taken in connection with Buyer's Environmental Review, Seller shall be permitted to take split samples. Buyer agrees to conduct Buyer's Environmental Review in a manner so as not to unduly interfere with the business operations of the Company or the Subsidiaries Seller and in compliance with all Applicable Laws Laws, and Buyer shall exercise due care with respect to the CompanySeller's or the Subsidiaries' properties and their condition.

Environmental Due Diligence Examination. (a) Buyer shall have the right, or the right to cause an environmental consultant(s) consultant acceptable to Buyer in its sole discretion ("Buyer's Environmental Consultant"), to conduct an environmental review of the Properties prior to the expiration of the Examination Period ("Buyer's Environmental Review"); provided, however, that . No less than three Business Days prior to the proposed commencement date of Buyer's environmental and physical examinationEnvironmental Review, investigation and assessment Buyer shall notify the Company of the Properties may not, without the prior written consent commencement of Seller, not to be unreasonably withheld, include any soil or water tests or borings or other invasive tests or examinations with respect to the Properties. Seller shall make, its Environmental Review and shall cause coordinate the Company and locations of such activities with the Subsidiaries to make, all of their records, employees, and physical assets available to the Buyer and Buyer’s Environmental Consultant for inspection and review, to allow the Buyer to conduct a reasonable and appropriate environmental inquiry and due diligence investigationCompany. The cost and expense of Buyer's Environmental Review, if any, shall be borne solely by Buyer. No Person, other than Buyer's Environmental Consultant and Buyer's employees may conduct Buyer's Environmental Review. Seller The Company and the Subsidiary shall have the right to have representatives thereof (including personnel of the Company and/or the Subsidiaries) present to observe Buyer's Environmental ReviewReview conducted in the Company Offices or on the Company's or the Subsidiary's properties. With respect to any samples taken in connection with Buyer's Environmental Review, Seller the Company or the Subsidiary shall be permitted to take split samples. Buyer agrees to conduct Buyer's Environmental Review in a manner so as not to unduly interfere with the business operations of the Company or the Subsidiaries Subsidiary and in compliance with all Applicable Laws Laws, and Buyer shall exercise due care with respect to the Company's or the Subsidiaries' Subsidiary's properties and their condition.

Environmental Due Diligence Examination. (a) Buyer shall have the right, or the right to cause an environmental consultant(s) consultant reasonably acceptable to Seller ("“Buyer's ’s Environmental Consultant"”), to conduct an environmental review of the Properties prior to the expiration of the Examination Period ("“Buyer's ’s Environmental Review"”); provided. If not provided prior to the date hereof, however, that Buyer's Buyer shall furnish Seller with an outline of the proposed scope of its environmental and physical examination, investigation and assessment review of the Properties may not, without promptly after the prior written consent of Seller, not to be unreasonably withheld, include any soil or water tests or borings or other invasive tests or examinations with respect to the Properties. Seller shall make, and shall cause the Company and the Subsidiaries to make, all of their records, employees, and physical assets available to the Buyer and Buyer’s Environmental Consultant for inspection and review, to allow the Buyer to conduct a reasonable and appropriate environmental inquiry and due diligence investigationdate hereof. The cost and expense of Buyer's ’s Environmental Review, if any, shall be borne solely by Buyer. No Person, other than Buyer's ’s Environmental Consultant and Buyer's ’s employees may conduct Buyer's ’s Environmental Review. Seller shall have the right to have representatives thereof (including personnel of the Company and/or the Subsidiaries) present to observe Buyer's ’s Environmental ReviewReview conducted in Seller’s offices or on Seller’s properties. With respect to any samples taken in connection with Buyer's ’s Environmental Review, Seller shall be permitted to take split samples. Buyer agrees to conduct Buyer's ’s Environmental Review in a manner so as not to unduly interfere with the business operations of the Company or the Subsidiaries Seller and in compliance with all Applicable Laws Laws, and Buyer shall exercise due care with respect to the Company's or the Subsidiaries' Seller’s properties and their condition.

Environmental Due Diligence Examination. (a) During the Examination Period, Buyer shall have the right, or the right to cause an environmental consultant(s) consultant reasonably acceptable to Sellers ("“Buyer's ’s Environmental Consultant"”), to conduct an a Phase I environmental review of the Properties prior to the expiration of the Examination Period ("Buyer's Environmental Review"); provided, however, that Buyer's environmental and physical examination, investigation and assessment of the Properties may not, without the prior written consent of Seller, not and to be unreasonably withheld, include conduct any soil or water tests or borings further Phase I or other non-invasive tests or examinations with respect environmental assessment of the Properties it deems appropriate, to the Propertiesextent Sellers have the authority to grant such right to Buyer. Seller shall make, and shall cause the Company and the Subsidiaries to make, all of their records, employees, and physical assets available to the Buyer and (“Buyer’s Environmental Consultant for inspection and Review”). No less than three Business Days prior to the proposed commencement date of Buyer’s Environmental Review, Buyer shall furnish Sellers with an outline of the proposed scope of such review, to allow including the Buyer to conduct a reasonable and appropriate environmental inquiry and due diligence investigationlocations of such activities. The cost and expense of Buyer's ’s Environmental Review, if any, shall be borne solely by Buyer. No Person, other than Buyer's ’s Environmental Consultant and Buyer's ’s employees may conduct Buyer's ’s Environmental Review. Seller Sellers shall have the right to have representatives thereof (including personnel of the Company and/or the Subsidiaries) present to observe Buyer's ’s Environmental Review. With respect to any samples taken Review conducted in connection with Buyer's Environmental Review, Seller shall be permitted to take split samplesSellers’ offices or on Sellers’ properties. Buyer agrees to conduct Buyer's ’s Environmental Review in a manner so as not to unduly interfere with the business operations of the Company or the Subsidiaries Sellers and in compliance with all Applicable Laws Laws, and Buyer shall exercise due care with respect to the Company's or the Subsidiaries' Sellers’ properties and their condition.

Environmental Due Diligence Examination. (a) During the Examination Period, Buyer shall have the right, or the right to cause an environmental consultant(s) consultant reasonably acceptable to LP Sellers ("“Buyer's ’s Environmental Consultant"”), to conduct an a Phase I environmental review assessment of the LP Properties and to conduct any further Phase I or other non-invasive environmental assessment of the LP Properties it deems appropriate, to the extent LP Sellers have the authority to grant such right to Buyer. (“Buyer’s Environmental Review”). No less than three Business Days prior to the expiration proposed commencement date of the Examination Period ("Buyer's Environmental Review"); provided, however, that Buyer's environmental and physical examination, investigation and assessment of the Properties may not, without the prior written consent of Seller, not to be unreasonably withheld, include any soil or water tests or borings or other invasive tests or examinations with respect to the Properties. Seller shall make, and shall cause the Company and the Subsidiaries to make, all of their records, employees, and physical assets available to the Buyer and Buyer’s Environmental Consultant for inspection and Review, Buyer shall furnish LP Sellers with an outline of the proposed scope of such review, to allow including the Buyer to conduct a reasonable and appropriate environmental inquiry and due diligence investigationlocations of such activities. The cost and expense of Buyer's ’s Environmental Review, if any, shall be borne solely by Buyer. No Person, other than Buyer's ’s Environmental Consultant and Buyer's ’s employees may conduct Buyer's ’s Environmental Review. Seller LP Sellers shall have the right to have representatives thereof (including personnel of the Company and/or the Subsidiaries) present to observe Buyer's ’s Environmental Review. With respect to any samples taken Review conducted in connection with Buyer's Environmental Review, Seller shall be permitted to take split samplesLP Sellers’ offices or on LP Sellers’ properties. Buyer agrees to conduct Buyer's ’s Environmental Review in a manner so as not to unduly interfere with the business operations of the Company or the Subsidiaries LP Sellers and in compliance with all Applicable Laws Laws, and Buyer shall exercise due care with respect to the Company's or the Subsidiaries' LP Sellers’ properties and their condition.

Environmental Due Diligence Examination. (a) Buyer shall have the right, or the right to cause an environmental consultant(s) consultant reasonably acceptable to Seller ("Buyer's Environmental Consultant"), to conduct an a Phase I environmental review assessment of the Properties prior and to conduct any further Phase I or other non-invasive environmental assessment of the Properties it deems appropriate, to the expiration of extent Seller has the Examination Period authority to grant such right to Buyer. ("Buyer's Environmental Review"); provided, however, that . No less than three Business Days prior to the proposed commencement date of Buyer's environmental and physical examinationEnvironmental Review, investigation and assessment Buyer shall furnish Seller with an outline of the Properties may not, without the prior written consent proposed scope of Seller, not to be unreasonably withheld, include any soil or water tests or borings or other invasive tests or examinations with respect to the Properties. Seller shall make, and shall cause the Company and the Subsidiaries to make, all of their records, employees, and physical assets available to the Buyer and Buyer’s Environmental Consultant for inspection and such review, to allow including the Buyer to conduct a reasonable and appropriate environmental inquiry and due diligence investigationlocations of such activities. The cost and expense of Buyer's Environmental Review, if any, shall be borne solely by Buyer. No Person, other than Buyer's Environmental Consultant and Buyer's employees may conduct Buyer's Environmental Review. Seller shall have the right to have representatives thereof (including personnel of the Company and/or the Subsidiaries) present to observe Buyer's Environmental Review. With respect to any samples taken Review conducted in connection with BuyerSeller's Environmental Review, Seller shall be permitted to take split samplesoffices or on Seller's properties. Buyer agrees to conduct Buyer's Environmental Review in a manner so as not to unduly interfere with the business operations of the Company or the Subsidiaries Seller and in compliance with all Applicable Laws Laws, and Buyer shall exercise due care with respect to the CompanySeller's or the Subsidiaries' properties and their condition.