Investigation Period. The first sentence of Section 4.1 of the Purchase Agreement is hereby deleted in its entirety and the following is hereby substituted in lieu thereof: “During the time period commencing upon the Effective Date of this Agreement, and terminating at 11:59 p.m. on October 18, 2012 (the “Investigation Period”), Buyer shall have the right to conduct and complete an investigation of all matters pertaining to the Property and Buyer’s purchase thereof including, without limitation, the matters described in this Section 4.1.”
Investigation Period. The first sentence of Section 4.1 of the Existing PSA is hereby amended and restated in its entirety to read as follows: "During the time period commencing upon the Effective Date of this Agreement, and terminating at 11:00 p.m. Eastern Time on March 20, 2020 (the "Investigation Period"), Buyer shall have the right to conduct and complete an investigation of all matters pertaining to the Property and Buyer's purchase thereof including, without limitation, the matters described in this Section 4.1."
Investigation Period. Commencing as of the Effective Date and continuing for a period of sixty (60) days thereafter (the “Investigation Period”), the Buyer, including all persons designated by the Buyer, shall have the right, at reasonable times to enter onto the Property for the purpose of investigation, discovery and testing of such Property, including, without limitation, surveying, soil testing and boring, hydrological studies, concurrency, zoning, environmental studies, the drainage and subsurface soil conditions being satisfactory for Buyer’s use and maintenance of the Property. Buyer shall provide Seller reasonable notice of Xxxxx’s entry onto the Property and shall schedule such access to the Property with Seller. Buyer will not unreasonably interfere with the operation of the Property. If Xxxxx is dissatisfied, in Xxxxx’s sole discretion, with the results of Xxxxx’s investigations, then Buyer may cancel this Agreement by notifying Seller of such cancellation, in writing, no later than 5:00 p.m. on the last day of the Investigation Period (if not a business day, then it shall be the next business day). In the event Buyer terminates the Agreement prior to the expiration of the Investigation Period, Escrow Agent shall return the Deposit to Buyer, together with any interest earned thereon. Upon a termination of the Agreement by Buyer prior to the expiration of the Investigation Period, both parties shall be released from all further obligations provided in this Agreement. In the event the Buyer does not elect to cancel this Agreement prior to the expiration of the Investigation Period, then the Deposit shall become non-refundable (except as otherwise set forth in this Agreement), but applicable to the Purchase Price, and the parties shall proceed toward Closing. Notwithstanding any provision in this Agreement to the contrary, Xxxxx does and shall indemnify and hold harmless Seller, its agents, officers, directors, employees, successors and assigns, against all losses, claims, damages, liability, attorney’s and accountants’ fees and costs of litigation and all other expenses related to, growing out of, or arising from the investigation of or entry upon the Property, or other acts undertaken by Buyer, its agents, contractors, employees or assigns, under this Agreement. If Buyer does not close on the purchase of the Property under this Agreement, Buyer shall return the Property to the condition in which is existed prior to any investigations undertaken by Buyer, its agents, e...
Investigation Period. During the time period commencing upon the Effective Date of this Agreement, and terminating at 11:59 p.m. on July 15, 2012 (the “Investigation Period”), Buyer shall have the right to conduct and complete an investigation of all matters pertaining to the Property and Buyer’s purchase thereof including, without limitation, the matters described in this Section 4.1.
Investigation Period. Purchaser shall have the right to make the following investigations.
Investigation Period. During the time period commencing upon the Effective Date of this Agreement, and terminating at 11:00 p.m. Eastern Time on the date that is thirty (30) Calendar Days after the Effective Date (the "Investigation Period"), Buyer shall have the right to conduct and complete an investigation of all matters pertaining to the Property and Buyer's purchase thereof including, without limitation, the matters described in this Section 4.1.
Investigation Period. 5.1 Within five (5) business days from and after the Effective Date, each Seller shall deliver to Purchaser, either electronically or at each Project as specified on Exhibit E attached hereto, and thereafter Purchaser shall have access to, without representation or warranty regarding the contents thereof except as otherwise provided herein, the materials listed on Exhibit E attached hereto (the “Due Diligence Items”), and thereafter Purchaser shall have access to the materials listed on Exhibit E attached hereto (the “Due Diligence Items”).
5.2 Purchaser shall have forty-five (45) days from and after the Effective Date (the “Investigation Period”) to conduct, at Purchaser’s expense, economic feasibility studies, verify business and accounting records, test the Projects for environmental contamination (including but not limited to non-invasive Phase I environmental inspections) and any improvements thereon, and to otherwise study the Projects. Any environmental inspections or testing conducted on the Projects shall be referred to herein as the “Environmental Diligence.” Sellers and Purchaser hereby agree and acknowledge that no Phase II environmental inspections or other invasive inspections or sampling of soil or materials, including, without limitation, construction materials, either as part of the Phase I inspections or any other inspection, shall be performed at any Project without the prior written consent of the Seller for such Project. If consented to by such Seller, the proposed scope of work and the party who will perform the work shall be subject to such Seller’s review and approval in its sole discretion. Upon any Seller’s request, Purchaser shall deliver to such Seller copies of any Phase II or other environmental report to which such Seller consents as provided above. From and after the Effective Date, and upon reasonable prior notice to Sellers, and provided Purchaser does not interfere with the current operations on the Projects, or the rights of other occupants thereon, Purchaser shall have reasonable access to the Projects in order to conduct the tests and studies, and Sellers shall otherwise reasonably cooperate with Purchaser in conducting the tests and studies. Purchaser hereby agrees to indemnify and hold Sellers harmless from all costs, losses, damages and expenses, including reasonable attorneys’ fees, arising directly or indirectly as a result of such entry including, but not limited to, the activities, inspections and investigations...
Investigation Period. 11.1 During the period from the Effective Date until April 23, 1999 (the "Investigation Period"), Purchaser shall have the right to conduct, at Purchaser's expense, whatever reasonable investigations, analyses and studies of the Property that Purchaser may deem appropriate to satisfy Purchaser with regard to:
11.1.1 the physical condition of the building(s) and other improvements included in the Property, including their structure, roofs, air conditioning, heating, electrical, plumbing and other mechanical systems;
11.1.2 the physical condition of all fixtures, equipment, furnishings and other items of property referred to in Subsection 1.3 above, an inventory of which shall be furnished by Seller at Seller's expense within fifteen (15) days after the Effective Date;
11.1.3 the permitted uses of and improvements to the Property under applicable building and zoning ordinances and the present compliance or non-compliance with the same;
11.1.4 evidence of any hazardous waste or similar materials, and of Radon, in, on, under or about the Property;
11.1.5 all existing Contracts, Leases, lease files, lease abstracts, historical MRI reports (not including prospective information, such as budget projections, which are proprietary to Seller) and tenancies affecting the Property; and
11.1.6 Seller's historical operating statements for calendar year 1998 and year-to-date 1999 (as and when available).
11.2 Purchaser and its agents and employees shall have the right to enter upon the Property for the purpose of making inspections, at Purchaser's sole risk, cost and expense, and subject to the rights of tenants. No destructive testing shall be permitted. All of such entries upon the Property shall be at reasonable times during normal business hours and after at least one (1) business day's prior notice to Seller or Seller's agent, and Seller or Seller's agent shall have the right to accompany Purchaser during any activities performed by Purchaser on the Property. Seller shall make available to Purchaser at all times during business hours during the Investigation Period, and after the Investigation Period until the Closing Date, upon one (1) business day's prior notice, all
Investigation Period. The Investigation Period described in Paragraph 3 of the Agreement is hereby extended to expire at 5:00 PM local time in Tampa, Florida, on the date which is two (2) days prior to the Closing Date established in Paragraph 1 above.
Investigation Period. Sections 11.1 and 11.2 are hereby amended to provide that the Investigation Period shall expire on April 30, 1999 at 5:00 p.m. Eastern Daylight Time.
