Common use of Environmental Site Assessment Clause in Contracts

Environmental Site Assessment. The Buyer may conduct environmental site assessments after the Closing with respect to the Real Estate and properties covered by the Real Estate Leases. The Buyer acknowledges that the conducting of such environmental site assessments is solely the responsibility of the Buyer and shall be at its sole cost and expense. For a period of three (3) years from the Closing or such longer period, if any, as any claims remain outstanding that have been made by Buyer or any of the Buyer Indemnitees with respect to any alleged breach of the representations and warranties in Section 3.23 or of any other representations, warranties or covenants relating to environmental matters, the Buyer agrees to provide the Company with at least ten (10) business days notice prior to conducting any such environmental site assessment and to permit the Company and/or an independent environmental consultant retained by the Company to have reasonable access to such Real Estate and properties and to have access (on a current basis) to the extent reasonably practicable to data and information collected and conclusions reached by the environmental consultants or other environmental employees or representatives utilized by Buyer for such environmental site assessments ("Buyer's Environmental Consultants"), including, without limitation, raw data, boring logs, splits of all samples taken and laboratory results obtained by Buyer's Environmental Consultants, and to contact Buyer's Environmental Consultants directly. Buyer shall promptly provide to the Company copies of all Phase I reports and other environmental reports prepared by Buyer's Environmental Consultants.

Environmental Site Assessment. The Buyer may conduct environmental site assessments after the Closing with respect to the Real Estate and properties covered by the Real Estate Leases. The Buyer acknowledges that the conducting of such environmental site assessments is solely the responsibility of the Buyer and shall be at its sole cost and expense. For a period of three (3) years from -31- 37 the Closing or such longer period, if any, as any claims remain outstanding that have been made by Buyer or any of the Buyer Indemnitees with respect to any alleged breach of the representations and warranties in Section 3.23 or of any other representations, warranties or covenants relating to environmental matters, the Buyer agrees to provide the Company Sellers with at least ten (10) business days notice prior to conducting any such environmental site assessment and to permit the Company Sellers and/or an independent environmental consultant retained by the Company Sellers to have reasonable access to such Real Estate and properties and to have access (on a current basis) to the extent reasonably practicable to data and information collected and conclusions reached by the environmental consultants or other environmental employees or representatives utilized by Buyer for such environmental site assessments ("Buyer's Environmental Consultants"), including, without limitation, raw data, boring logs, splits of all samples taken and laboratory results obtained by Buyer's Environmental Consultants, and to contact Buyer's Environmental Consultants directly. Buyer shall promptly provide to the Company Sellers copies of all Phase I reports and other environmental reports prepared by Buyer's Environmental Consultants.

Environmental Site Assessment. The Buyer may conduct environmental site assessments after the Closing with respect to the Real Estate and properties covered by the Real Estate Leases. The Buyer acknowledges that the conducting of such environmental site assessments is solely the responsibility of the Buyer and shall be at its sole cost and expense. For a period of three (3) years from the Closing or such longer period, if any, as any claims remain outstanding that have been made by Buyer or any of the Buyer Indemnitees with respect to any alleged breach of the representations and warranties in Section 3.23 or of any other representations, warranties or covenants relating to environmental matters, the Buyer agrees to provide the Company Stockholder Representative with at least ten (10) business days notice prior to conducting any such environmental site assessment and to permit the Company Stockholder Representative and/or an independent environmental consultant retained by the Company Stockholder Representative to have reasonable access to such Real Estate and properties and to have access (on a current basis) to the extent reasonably practicable to data and information collected and conclusions reached by the environmental consultants or other environmental employees or representatives utilized by Buyer for such environmental site assessments ("Buyer's Environmental Consultants"), including, without limitation, raw data, boring logs, splits of all samples taken and laboratory results obtained by Buyer's Environmental Consultants, and to contact Buyer's Environmental Consultants directly. Buyer shall promptly provide to the Company Stockholder Representative copies of all Phase I reports and other environmental reports prepared by Buyer's Environmental Consultants.

Environmental Site Assessment. The Buyer may conduct environmental site assessments after the Closing with respect to the Real Estate and properties covered by the Real Estate Leases. The Buyer acknowledges that the conducting of such environmental site assessments is solely the responsibility of the Buyer and shall be at its sole cost and expense. For a period of three (3) years from the Closing or such longer period, if any, as any claims remain outstanding that have been made by Buyer or any of the Buyer Indemnitees with respect to any alleged breach of the representations and warranties in Section 3.23 or of any other representations, warranties or covenants relating to environmental matters, the Buyer agrees to provide the Company Sellers with at least ten (10) business days notice prior to conducting any such environmental site assessment and to permit the Company Sellers and/or an independent environmental consultant retained by the Company Sellers to have reasonable access to such Real Estate and properties and to have access (on a current basis) to the extent reasonably practicable to data and information collected and conclusions reached by the environmental consultants or other environmental employees or representatives utilized by Buyer for such environmental site assessments ("Buyer's Environmental Consultants"), including, without limitation, raw data, boring logs, splits of all samples taken and laboratory results obtained by Buyer's Environmental Consultants, and to contact Buyer's Environmental Consultants directly. Buyer shall promptly provide to the Company Sellers copies of all Phase I reports and other environmental reports prepared by Buyer's Environmental Consultants.

Environmental Site Assessment. The Buyer may conduct environmental site assessments after the Closing with respect to the Real Estate and properties covered by the Real Estate Leases. The Buyer acknowledges that the conducting of such environmental site assessments is solely the responsibility of the Buyer and shall be at its sole cost and expense. For a period of three (3) years from the Closing or such longer period, if any, as any claims remain outstanding that have been made by Buyer or any of the Buyer Indemnitees with respect to any alleged breach of the representations and warranties in Section 3.23 or of any other representations, warranties or covenants relating to environmental matters, the Buyer agrees to provide the Company Shareholder Representative with at least ten (10) business days notice prior to -35- 42 conducting any such environmental site assessment and to permit the Company Shareholder Representative and/or an independent environmental consultant retained by the Company Shareholder Representative to have reasonable access to such Real Estate and properties and to have access (on a current basis) to the extent reasonably practicable to data and information collected and conclusions reached by the environmental consultants or other environmental employees or representatives utilized by Buyer for such environmental site assessments ("Buyer's Environmental Consultants"), including, without limitation, raw data, boring logs, splits of all samples taken and laboratory results obtained by Buyer's Environmental Consultants, and to contact Buyer's Environmental Consultants directly. Buyer shall promptly provide to the Company Shareholder Representative copies of all Phase I reports and other environmental reports prepared by Buyer's Environmental Consultants.