Feasibility Study Period Clause Samples
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Feasibility Study Period. Prior to the date of this Agreement Seller has made available to Buyer and its Authorized Representatives the Environmental Documents, Orders, and Environmental Permits. Seller has provided Buyer with timely, reasonable access to Seller's Authorized Representatives with knowledge of any relevant facts relating to the Environmental Documents, the Environmental Conditions, or the Remediation Activities. Seller has provided Buyer and its Authorized Representatives access to the Real Property prior to the signing of this document to inspect and to survey the Real Property and conduct Buyer's due diligence investigations of the Terminals ("Feasibility Study Period"). Seller has provided Buyer and its Authorized Representatives reasonable access during normal business hours to the Terminals to conduct such activities during the Feasibility Study Period, subject to Seller's policies and regulations regarding safety and security. The Feasibility Study Period shall be extended for that period of time between the Effective Date and the date 10 days prior to the Closing solely for the purposes of discussions with appropriate government officials and regulators relative to the transfer and securing of Permits, the assumption of environmental liabilities by Buyer and general transition matters. Buyer and Seller shall coordinate the timing, attendance, and subject matter of any such meeting during the Feasibility Study Period as so extended, including without limitation the identity of Buyer and Seller representatives who will attend such meetings.
Feasibility Study Period. Prior to the date of this Agreement Seller has made available to Buyer and its Authorized Representatives the Environmental Documents, Orders, and Environmental Permits. Seller has provided Buyer with timely, reasonable access to Seller’s Authorized Representatives with knowledge of any relevant facts relating to the Environmental Documents, the Environmental Conditions, or the Remediation Activities. Seller has provided Buyer and its Authorized Representatives access to the Real Property prior to the signing of this document to inspect and to survey the Real Property and conduct Buyer’s due diligence investigations of the Terminal (“Feasibility Study Period”). Seller has provided Buyer and its Authorized Representatives reasonable access during normal business hours to the Terminal to conduct such activities during the Feasibility Study Period, subject to Seller’s policies and regulations regarding safety and security.
Feasibility Study Period. Purchaser shall have the right from the date hereof through 5:00 p.m. Eastern Time on November 22, 2003 (the "Feasibility Study Period") to make such investigations, studies and tests with respect to the Property as Purchaser deems necessary or appropriate to determine the feasibility of purchasing the Property. If, during the Feasibility Study Period, Purchaser determines, in its sole discretion, that the Property is not acceptable to Purchaser or the purchase thereof is not feasible then Purchaser may, at any time on the final day of the Feasibility Study Period (the "Feasibility Study Period Termination Date"), terminate this Agreement by written notice to Seller. In the event Purchaser obtains an ASTM Phase I prior to the Feasibility Study Period Termination Date which indicates that further testing of or on the Property is advised, then (subject to Seller approving such further testing as set forth in Section 10 hereof) the Feasibility Study Period Termination Date shall be extended (but only for the purpose of performing such additional testing as may be approved by Seller in accordance with Section 10 hereof) to that date which is five (5) business days (but not later than the outside date for Settlement as set forth in Section 5 hereof) after Purchaser receives a written report based on an ASTM Phase II performed by its environmental consultant; provided that in any event (i) Purchaser shall initiate such additional testing promptly once the same has been consented to by Seller, (ii) Purchaser shall cooperate with its engineers to expedite such testing to the extent possible, and (iii) the same shall not extend the outside date for Settlement in accordance with Section 5 of this Agreement. Upon any timely termination of this Agreement pursuant to this Section 15, the Deposit shall be promptly paid to Seller, and neither party shall thereafter have any further rights or obligations hereunder. Without in any way limiting any other express provision of this Agreement pursuant to which the Deposit is to be returned to Purchaser, and notwithstanding the foregoing provisions of this Section 15, if (and only if) the Agreement is terminated in accordance with Sections 12 (iii) - (viii) hereof, then the Deposit shall be returned to Purchaser.
Feasibility Study Period. Prior to the date of this Agreement Seller has made available to Buyer and its Authorized Representatives the Environmental Documents, Orders, and Environmental Permits. Seller has provided Buyer with timely, reasonable access to Seller's Authorized Representatives with knowledge of any relevant facts relating to the Environmental Documents, the Environmental Conditions, or the Remediation Activities. Seller has provided Buyer and its Authorized Representatives access to the Real Property prior to the signing of this document to inspect and to survey the Real Property and conduct Buyer's due diligence investigations of the Terminal ("Feasibility Study Period"). Seller has provided Buyer and its Authorized Representatives reasonable access during normal business hours to the Terminal to conduct such activities during the Feasibility Study Period, subject to Seller's policies and regulations regarding safety and security.
Feasibility Study Period. This phase consists of the period of two (2) years commencing from the expiration or termination of the Exploration or Pre- Feasibility Study Period.
Feasibility Study Period. On or before the expiration of the Feasibility Study Period as set forth in the Basic Provisions (the “Feasibility Study Period”), Buyer shall conduct a review with respect to the Property to review the condition of the Property and all other matters related to the Property that the Buyer may consider in its sole discretion relevant, including without limitation its suitability for Buyer’s intended use (the “Feasibility Study”). Seller and ▇▇▇▇▇’s Real Property Manager or designee may agree in writing to extend the Feasibility Study Period. The Feasibility Study may include all inspections and studies Buyer deems necessary or desirable in its sole discretion. ▇▇▇▇▇ and ▇▇▇▇▇’s agents, representatives, consultants, and inspectors have the right, from time to time after the Effective Date, to enter upon the Real Property and conduct inspections and tests to ascertain the condition and suitability of the Property. Such inspections and tests shall be non-destructive unless otherwise agreed by the Seller and ▇▇▇▇▇’s Real Property Manager or designee in writing. If ▇▇▇▇▇ delivers to Seller written notice effective on or before the expiration of the Feasibility Study Period that Buyer disapproves the Property, then the Deposit will be returned to Buyer, ▇▇▇▇▇ shall return
Feasibility Study Period. 28 7.2 BASELINE CONDITION........................................................................................28 7.3 DURATION OF SELLER'S REMEDIATION OBLIGATIONS..............................................................29 7.4 REMEDIATION OF BASELINE CONDITION.........................................................................30 7.5 RELEASE FROM REMEDIATION OBLIGATIONS ASSOCIATED WITH THE BASELINE CONDITION; EFFECT OF CLOSURE DATE.......34
Feasibility Study Period. The Purchaser shall have a period of sixty (60) days from execution of the Agreement, in which to evaluate the Property for its intended use, conduct tests and studies of the Property, and obtain the required corporate approval. In the event that Purchaser does not proceed with the Agreement in its sole and absolute discretion, the initial deposit of One Hundred Thousand Dollars ($100,000.00) shall be immediately returned to Purchaser and a copy of the Purchaser's proposed site plan wi1l be forwarded to the Seller.
Feasibility Study Period. For a period of six (6) months after the Effective Date, or until the Site is purchased from Landowner, whichever occurs first (the “Term”), Middle Daisy and Onyx shall be entitled to make such investigations, examinations and studies of the Property as each deems necessary or desirable (the "Feasibility Studies"), including without limitation, review and approval of the condition of title, any lease or sublease affecting the Property, any contract or other commitment with respect to the Property, tax and appraisal issues, preliminary construction issues, and land use and energy development regulatory issues; conduct soils tests and studies, environmental site assessments, and surveys; and perform drilling, excavation, push-pull tests and other geotechnical activities and studies on, in, and under the Site. Landowner shall provide Onyx with such cooperation, at no out-of-pocket cost to Landowner, as Onyx may reasonably require in connection with the Feasibility Studies for the Property, including delivery of reasonably requested materials within fifteen (15) days after mutual execution and delivery of this Agreement. The Feasibility Studies and all reports and summaries regarding the results thereof, whether prepared by Onyx or its consultants, shall be the sole property of Onyx.
Feasibility Study Period. Prior to the date of the Pipeline Purchase and Sale Agreement Seller has made available to Buyer and its Authorized Representatives the Environmental Documents, Orders, and Environmental Permits. Seller has provided Buyer with timely, reasonable access to Seller's Authorized Representatives with knowledge of any relevant facts relating to the Environmental Documents, the Environmental Conditions, or the Remediation Activities. Seller has provided Buyer and its Authorized Representatives access to the Real Property prior to the signing of this document to inspect and to survey the Real Property and conduct Buyer's due diligence investigations of the Terminal ("Feasibility Study Period"). Seller has provided Buyer and its Authorized Representatives reasonable access during normal business hours to the Terminal to conduct such activities during the Feasibility Study Period, subject to Seller's policies and regulations regarding safety and security.