Feasibility Studies; Access to Property Sample Clauses
The "Feasibility Studies; Access to Property" clause grants a party the right to enter and inspect a property to conduct studies or assessments necessary to determine whether the property is suitable for its intended use. Typically, this includes activities such as environmental testing, surveying, or structural evaluations, and may require advance notice to the property owner and compliance with certain conditions, such as restoring the property after inspections. The core function of this clause is to ensure that the interested party can gather essential information about the property before finalizing a transaction, thereby reducing the risk of unforeseen issues and supporting informed decision-making.
Feasibility Studies; Access to Property. (a) From time to time prior to Closing, provided this Agreement is in full force and effect and Developer is not then in default hereunder, Developer and Developer’s Agents shall have the right to enter the Property for purposes of conducting surveys, soil tests, environmental studies, engineering tests, and such other tests, studies, and investigations (hereinafter “Studies”) as Developer deems necessary or desirable to evaluate the Property, at Developer’s sole cost and expense; provided, Developer and Developer’s Agents shall not conduct any invasive Studies without the prior written consent of District. The District shall have the right to accompany Developer or Developer’s Agents during the conduct of any such invasive Studies.
(b) Developer and Developer’s Agents are solely responsible for obtaining any necessary licenses and permits for the Studies and any work associated therewith, including transportation and disposal of materials. In addition, Developer and Developer’s Agents shall be obligated to comply with all Applicable Laws and the provisions of this Agreement during their entry on the Property and while conducting any Studies.
(c) At least 24 hours prior to entry on any Parcel, Developer shall provide District (i) written notice, including a written description of the intended Studies, (ii) evidence of insurance, as required under the terms of this Agreement, and (iii) copies of any required licenses and notices in accordance with Section 2.3.1(b).
(d) In the event Developer or Developer’s Agents disturbs, removes or discovers any materials or waste on any Parcel while conducting the Studies, or otherwise during its entry on the Property, which are determined to be Hazardous Materials as defined herein, Developer shall notify District and DDOE within one (1) Business Day after its discovery of such Hazardous Materials. Thereafter, within ten (10) Business Days after its discovery of such Hazardous Materials, Developer shall submit a written notice of a proposed plan for disposal (the “Disposal Plan”) to District and DDOE. The Disposal Plan shall contain all identifying information as to the type and condition of the Hazardous Materials or waste discovered and a detailed account of the proposed removal and disposal of the Hazardous Materials, including the name and location of the hazardous waste disposal site. DDOE may conduct an independent investigation of the Property, including but not limited to, soil sampling and other environmental t...
Feasibility Studies; Access to Property a. The provisions of this Article IV are supplementary to the provisions of Article IX relating to
Feasibility Studies; Access to Property. Studies. Developer hereby acknowledges that, it has had the right to perform all physical surveys, soil tests, environmental studies, engineering tests, and such other tests, studies, and investigations as Developer has deemed necessary or desirable (collectively, “Studies”) to evaluate the Project Site and the ability to develop same in accordance with this Agreement. Prior to each Closing, City shall permit Developer and Developer’s Agents to continue to have access to the Project Site (subject to minimizing any disturbance to the High School) at reasonable times for the purpose of performing additional Studies.
Feasibility Studies; Access to Property. (a) Developer hereby acknowledges that, prior to the Effective Date, it has had the right to perform Studies (as hereinafter defined) on the Property using experts of its own choosing and to access the Property for the purposes of performing Studies pursuant to the terms of that certain Right-of-Entry Agreement (the “▇▇▇”) by and between Developer and District, attached hereto as Exhibit M and incorporated herein. From time to time prior to Closing, provided this Agreement is in full force and effect and no uncured Developer Default has occurred, Developer and Developer’s Agents shall continue to have the right to enter the Property for purposes of conducting surveys, soil tests, environmental studies, engineering tests, and such other tests, studies, and investigations (hereinafter “Studies”) as Developer deems necessary or desirable to conduct due diligence and to evaluate the Property pursuant to the terms of this Agreement and the terms and conditions of the ▇▇▇, as if such terms, conditions and agreements were expressly set forth herein. In the event of any conflict between the terms of the ▇▇▇ or the terms of this Agreement, the terms of this Agreement shall control and be paramount.
(b) In the event that Developer or Developer’s Agents disturbs, discovers or removes any materials or waste from the Property while conducting the Studies, or otherwise during its entry on the Property, which are determined to be Hazardous Materials, Developer shall notify District and DOEE immediately after its discovery of such Hazardous Materials. In the event such Hazardous Materials are discovered by Developer or Developer’s Agents, Developer shall submit a notice of a proposed plan for disposal (the “Disposal Plan”) to District and DOEE no later than fifteen days (15) days after discovery. The Disposal Plan shall contain all identifying information as to the type and condition of the Hazardous Materials discovered and a detailed account of the proposed removal and disposal of the Hazardous Materials, including the name and location of the hazardous waste disposal site. DOEE may conduct an independent investigation of the Property, including but not limited to, soil sampling and other environmental testing as may be deemed necessary. Upon completion of DOEE’s investigation, District and/or DOEE shall notify Developer of its findings and shall notify Developer by written notice of its approval or disapproval of the proposed Disposal Plan. In the event DOEE disapprove...