Feasibility. Each of the Project Budget, the Project Schedule and the Disbursement Schedule is realistic and feasible.
Feasibility a. Buyer shall have ninety (90) days from the date of full execution of this Agreement (the “Feasibility Period”) to determine whether the Property is suitable for Buyer's intended purpose, on the conditions set forth in paragraph 10 of this Agreement.
b. If Buyer, in the exercise of its sole discretion, decides that the Property is not suitable for Buyer's intended purpose for any reason or for no reason Buyer may terminate this Agreement by giving Notice to this effect to Seller at any time during the Feasibility Period but not thereafter. If such Notice is given, Buyer shall be entitled to a return of its Initial Deposit. Once the Feasibility Period expires and if Buyer has not exercised its right to terminate, Buyer's right to terminate this Agreement under the terms of this paragraph 3 shall expire absolutely, and the Initial Deposit and Additional Deposit shall be non-refundable to Buyer, unless Buyer terminates this Agreement due to Seller’s failure to deliver title in accordance with the terms of this Agreement. Notwithstanding anything set forth herein to the contrary, at Settlement, the Deposit will be refunded to Buyer provided that the full Purchase Price is paid to Seller in accordance with Paragraph 2b of this Agreement, unless Seller has drawn on the Letter of Credit(s), in which case, the amount drawn down by Seller will be applied to the Purchase Price.
c. If Buyer does not terminate this Agreement on or prior to ninety (90) days from the date hereof, as provided for in paragraph 3b of this Agreement. Buyer agrees to accept the Property on an AS IS, WHERE IS condition, with all faults. Buyer specifically acknowledges that if Settlement occurs, it has agreed to purchase the Property as a result of its inspection and studies and not due to any warranties, representations or covenants expressed or implied regarding the condition of the Property made by Seller or by anyone acting or purporting to act on Seller's behalf except as specifically set forth herein. Buyer further acknowledges that Seller has made no warranty or representation and is making no warranty or representation regarding the environmental condition of the Property. Effective at Settlement and to the fullest extent permitted by law, Buyer hereby releases, discharges and forever acquits Seller and all of Seller’s officers, directors, shareholders, employees, agents and independent contractors and successors, and each and every one of them, from all demands, claims, liabilities,...
Feasibility. Buyer's sole determination that its proposed site plan, building plan, parking plan and access plan for the Property are acceptable; that utilities are available of adequate capacity to serve the Property; and that the Property is otherwise feasible for Buyer's intended use.
Feasibility. Prior to the Commencement Date of this Lease, Lessee shall have access to the Leased Premises with no less than 1 business days prior notice to Lessor and at such times as Lessor agrees for the purposes of undertaking necessary tests, studies, and inspections relating to Lessee’s proposed use of the Leased Premises. In the event such tests studies, and inspections indicate that Lessee is unable to utilize the Leased Premises for the purpose stated herein, then Lessee may terminate this Lease by giving Lessor ten (10) days’ prior notice of termination, in which case Lessee shall restore the Leased Premises and any other portions of the Site that have been damaged, modified or altered by or on behalf of Lessee to their original condition.
Feasibility. Each of the Construction Schedule and the Disbursement Schedule is realistic and feasible, and is accurate to date.
Feasibility. Each of the Construction Schedule and the Disbursement Schedule is accurate.
Feasibility. Buyer shall have approved the Feasibility Condition.
Feasibility. The Upper Division States, through the Commission, must investigate the feasibility of developing and implementing a Demand Management Program within the Upper Colorado River Basin, and reach consensus on, among other things:
a. Verification of and accounting for the actual volume of conserved Consumptive Use;
b. Conveyance of the conserved Consumptive Use to appropriate destinations, and accounting for associated conveyance losses;
c. Providing for storage at and release from the CRSPA Initial Units of any conserved Consumptive Use;
d. Administration of a Demand Management Program;
e. Funding of a Demand Management Program; and
f. Compliance with federal and state laws within each Upper Division State.
Feasibility. The proposed work should be temporary in nature, tech- nically feasible, designed to deal effec- tively and efficiently with the specific threat, and capable of construction in time to prevent anticipated damages.
Feasibility. Leachate recirculation and bioreactor technologies have been used at several other waste disposal facilities, as presented on Table 2. Based on the successful applications of these technologies and operational experience at other facilities, the proposed project is feasible.