Feasibility Review. Within five (5) business days following the Effective Date, Seller shall deliver or make available (via electronic file share or other means) to Purchaser the following listed items to the extent in Seller’s actual possession; if an item listed below is not in Seller’s actual possession and not delivered or made available to Purchaser but is otherwise readily available to Seller, then Purchaser may make written request to Seller to provide such item and Seller will use its reasonable efforts to obtain and deliver or make such item available to Purchaser, but Seller will have no obligation otherwise to obtain any item not in Seller’s actual possession: (i) any environmental reports, soil reports and certifications pertaining to the Lots, (ii) a copy of any subdivision plat for the Property and the current version of all Entitlements, (iii) engineering and construction plans pertaining to the Lots, (iv) biological, grading, drainage, hydrology and other engineering reports and plans and engineering and constructions plans for offsite improvements (if any) that are required to obtain building permits/certificates of occupancies for single-family detached homes constructed on the Lots; (v) any PUD, Development Agreement, Site Development Plans and other approvals pertaining to the Lots particularly and the Development generally (including the most recent drafts thereof; (vi) the Master Covenants; (vii) any Special District Service Plans; (viii) any existing ALTA or other boundary Survey of the Property; and (ix) copies of any subdivision bonds or guarantees applicable to the Lots (collectively, the "Seller Documents"). Purchaser shall have a period expiring ninety (90) calendar days following the Effective Date of this Contract within which to review the Seller Documents (the "Due Diligence Period"). During the Due Diligence Period, Purchaser shall have an opportunity to review and inspect the Property, all Seller Documents provided, or made available, to Purchaser and any and all factors deemed relevant by Purchaser to its proposed development and the feasibility of Purchaser’s intended uses of the Property in Purchaser’s sole and absolute discretion (the "Feasibility Review"). The Feasibility Review shall be deemed to have been completed to Purchaser’s satisfaction if Purchaser gives written notice to Seller of its election to continue this Contract ("Continuation Notice") prior to the expiration of the Due Diligence Period. If Purchaser fails to timely give...
Feasibility Review. The Feasibility Review is a review conducted by an Abbott management team of any immunoassay product in development to confirm that such product meets its key draft product requirements. The Feasibility Review hereunder shall involve the performance evaluation of three (3) prototype lots RECAF assays manufactured in a site approved by the applicable Abbott management team. Successful evaluation of such prototype lots will be based on prototype assay performance versus key draft product requirements. Performance evaluation will include internal and external evaluation and will require testing a predefined number of clinical specimens. The Feasibility Review shall be completed upon obtaining objective evidence that the assay format using the prototype assay lots made by the development site meets the key draft product requirements. Abbott shall notify BioCurex within fifteen (15) days of the completion of the Feasibility Review as described in this Exhibit 4.2. EXHIBIT 12.4
Feasibility Review. Beginning with the Commencement Date, Tenant shall have a thirty (30) day feasibility period (the “Feasibility Period”) within which it may conduct due diligence activities including, but not limited to, inspections, tests and/or studies, in Tenant’s sole discretion and at its sold cost, to ensure the suitability of the Ground Lease Property for Tenant’s intended use. Tenant may cancel this agreement for any reason at any time prior to the end of the Feasibility Period with no penalty to Tenant.
Feasibility Review. Seller agrees that during the period commencing on the Effective Date and ending on the 45th day after the Effective Date at 5:00 p.m., Denton, Texas time as the same may be extended as provided below (the “Feasibility Review Period”), Buyer, personally or through its authorized agents or representatives, shall be entitled to enter the Property upon reasonable notice during normal business hours (8 a.m. to 5 p.m., Monday through Friday) for the sole purpose of analysis or other tests and conducting its due diligence inspection on the Property in anticipation of closing the transaction contemplated by this Contract (“Access Rights”). Such Access Right shall include the right to conduct such investigations, surveys, studies, readings and tests as Buyer deems necessary or advisable; provided, however, that Buyer shall not materially interfere with Seller’s activities on the Property and will not permanently damage the Property. Buyer shall immediately repair any damage resulting from Buyer’s activities and return the Property to the same condition as existed before its inspection.
Feasibility Review. Seller hereby grants to Buyer and Xxxxx’s employees, contractors and agents, upon reasonable notice, a nonexclusive right and license to enter upon the Property, at Buyer’s sole risk, to conduct the Feasibility Review, and other inspections during the Feasibility Review Period. Notwithstanding the foregoing, Buyer shall not have the right to perform an invasive or intrusive testing at, in, on or under the Property without the additional prior written consent of Seller, which consent may be withheld in Seller’s sole discretion. In all events, Buyer shall use its best and most diligent efforts to minimize any inconvenience or disturbance of any and all tenants in connection with Buyer’s entry onto, or Feasibility Review of, the Property.
Feasibility Review. Seller agrees that during the period commencing on the Effective Date and ending on the 45th day after the Effective Date at 5:00 p.m., Denton, Texas time as the same may be extended as provided below (the "FEASIBILITY REVIEW PERIOD"), Buyer, personally or through its authorized agents or representatives, shall be entitled to enter the Property upon reasonable notice during normal business hours (8 a.m. to 5 p.m., Monday through Friday) for the sole purpose of analysis or other tests and conducting its due diligence inspection on the Property in anticipation of closing the transaction contemplated by this Contract ("ACCESS RIGHTS"). Such Access Right shall include the right to conduct such investigations, surveys, studies, readings and tests as Buyer deems necessary or advisable; provided, however, that Buyer shall not materially interfere with Seller's activities on the Property and will not permanently damage the Property. Buyer shall immediately repair any damage resulting from Buyer's activities and return the Property to the same condition as existed before its inspection.
Feasibility Review. Floodway issue discussions with DWR Prepare cost analysis; field investigation and proposed pre-fabricated bridge Provide recommendations to Department in consideration of options
Feasibility Review. 6.5.1 Buyer shall have a period of time commencing on the Effective Date and ending on June 12, 2013 (the “Feasibility Review Period”) to inspect the Assets and to conduct, review and approve any investigations, tests, analyses or studies deemed necessary by Buyer to determine the condition and fitness of the Assets and the feasibility and desirability of acquiring the Assets (the “Feasibility Review”).
6.5.2 Seller hereby permits Buyer and Buyer’s Representatives access to the Property for the purpose of conducting Buyer’s Feasibility Review during the Feasibility Period subject to the following limitations: (a) access to the Property shall be during normal working hours upon at least two Business Days’ notice to Seller and/or Seller’s agent, Investors Management Trust Real Estate Group, Inc. (“Property Manager”), Attention: Xxxx Xxxxx, Phone: 512/000-0000; Fax: 818/000-0000, (b) Buyer shall provide to Seller in advance the names, addresses and scope of work for each consultant, contractor and agent who will be conducting Feasibility Review at the Property, (c) Buyer shall provide Seller with evidence that Buyer is in compliance with the insurance requirements of Section 6.5.3, (d) access and investigations shall not interfere with the operation of the Property or the rights of tenants, (e) Buyer shall not contact any tenant without Seller’s prior written consent, which Seller may withhold in Seller’s sole discretion, (f) Buyer’s Representatives shall not destroy or damage any portion of the Property and Buyer shall repair promptly any physical damage caused by its Feasibility Review and shall restore the Property to substantially the same condition as it existed immediately prior to any test or inspection, (g) Buyer shall not conduct any invasive or destructive testing without Seller’s prior written consent, which Seller may withhold in Seller’s sole discretion and Seller or its designated representatives shall have the right to be present during any physical testing of the Property, (h) Buyer shall not contact any governmental official or representative of any actual or potential violation of any zoning, environmental or other law, rule or regulation, or any hazardous substances, unless (and then only to the extent) required by applicable law and after giving Seller notification of its intent to do so if permitted by applicable law, in each case without the prior written consent of the Seller which may be granted or denied in the Seller’s sole and absol...
Feasibility Review. Purchaser shall be satisfied with the results of its Feasibility Review, including but not limited to (i) Purchaser’s approval of the physical condition of the Real Property and the Facilities, including the results of any environmental assessment report which Purchaser elects to obtain at Purchaser’s expense, and (ii) Purchaser’s review and approval of all Property Documents. Purchaser shall advise Sellers in writing on or before the date forty-five (45) days following the mutual execution of this Agreement (the “Feasibility Period”) of (i) any objections pursuant to its Feasibility Review and (ii) whether it intends to assume the Existing Loan. Nothing herein shall be construed as amending or modifying in any manner the representations or warranties of Sellers set forth in this Agreement, which representations and warranties shall be separate from and unaffected by Purchaser’s Feasibility Review except as to any representations or warranties which, during the course of Purchaser’s Feasibility Review, Purchaser obtains knowledge of falsity or inaccuracy. In the event Purchaser elects to terminate this Agreement by reason Purchaser’s disapproval of is Feasibility Review, Purchaser shall notify Sellers in writing on or before the expiration of the Feasibility Period, and the parties shall have no further rights or obligations hereunder, other than Purchaser’s right to the return of its Xxxxxxx Money and Sellers’ obligation to pay any title cancellation and UCC search fees incurred as a result of such termination.
Feasibility Review
