Common use of On-Site Tests and Inspections Clause in Contracts

On-Site Tests and Inspections. Seller shall permit or, in case of any third-party operated xxxxx, use its commercially reasonable efforts to cause the operator thereof to permit, Purchaser’s authorized representatives to consult with Seller’s or third-party operator’s agents and employees during reasonable business hours and to conduct, at Purchaser’s sole risk and expense, on-site inspections, tests and inventories of the Assets. Purchaser’s environmental investigation of the Properties shall be limited to conducting a Phase I Environmental Site Assessment in accordance with the American Society for Testing and Materials (A.S.T.M.) Standard Practice Environmental Site Assessments: Phase I Environmental Site Assessment Process (Publication Designation: E1527-05) (“Site Assessment”), and at Seller’s discretion, shall be accompanied by Seller’s representative. Purchaser shall furnish Seller, free of cost to Seller, a copy of any written report prepared by or for Purchaser related to any Site Assessment of the Properties as soon as reasonably possible after it is prepared. All environmental reports prepared by or for Purchaser shall be maintained in strict confidence by Purchaser and shall be used by Purchaser solely in connection with the evaluation of the Properties or in any dispute with Seller involving the Properties. Except as provided in the preceding sentence, if Closing does not occur, such reports shall not be disclosed to any other party. If Closing does not occur, the foregoing obligation of confidentiality shall survive for five (5) years after the termination of this Agreement.

Appears in 2 contracts

Samples: Agreement, For Purchase and Sale (Forest Oil Corp)

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On-Site Tests and Inspections. Seller shall permit or, in case of any third-party operated xxxxx, use its commercially reasonable efforts to cause the operator thereof to permit, Purchaser’s authorized representatives to consult with Seller’s or third-party operator’s agents and employees during reasonable business hours and to conduct, at Purchaser’s sole risk and expense, on-site inspections, tests and inventories of the Assets. Purchaser’s environmental investigation of the Properties shall be limited to conducting a Phase I Environmental Site Assessment in accordance with the American Society for Testing and Materials (A.S.T.M.) Standard Practice Environmental Site Assessments: Phase I Environmental Site Assessment Process (Publication Designation: E1527-05) (“Site Assessment”), and at Seller’s discretion, shall be accompanied by Seller’s representative. Purchaser shall furnish Seller, free of cost to Seller, a copy of any written report prepared by or for Purchaser related to any Site Assessment of the Properties as soon as reasonably possible after it is prepared. All environmental reports prepared by or for Purchaser shall be maintained in strict confidence by Purchaser and shall be used by Purchaser solely in connection with the evaluation of the Properties or in any dispute with Seller involving the Properties. Except as provided in the preceding sentence, if Closing does not occur, such reports shall not be disclosed to any other party, unless mandated by law. If Closing does not occur, the foregoing obligation of confidentiality shall survive for five (5) years after the termination of this Agreement.

Appears in 1 contract

Samples: Agreement (Forest Oil Corp)

On-Site Tests and Inspections. Seller shall permit or, in case of any third-party operated xxxxx, use its commercially reasonable efforts to cause the operator thereof to permit, Purchaser’s authorized representatives to consult with Seller’s or third-party operator’s agents and employees during reasonable business hours and to conduct, at Purchaser’s sole risk and expense, on-site inspections, tests and inventories of the Assets. Purchaser’s Purchasers environmental investigation of the Properties shall be limited to conducting a Phase I Environmental Site Assessment in accordance with the American Society for Testing and Materials (A.S.T.M.) Standard Practice Environmental Site Assessments: Phase I Environmental Site Assessment Process (Publication Designation: E1527-05) (“Site Assessment”), and at Seller’s discretion, shall be accompanied by Seller’s representative. Purchaser shall furnish Seller, free of cost to Seller, a copy of any written report prepared by or for Purchaser related to any Site Assessment of the Properties as soon as reasonably possible after it is prepared. All environmental reports prepared by or for Purchaser shall be maintained in strict confidence by Purchaser and shall be used by Purchaser solely in connection with the evaluation of the Properties or in any dispute with Seller involving the Properties. Except as provided in the preceding sentence, if Closing does not occur, such reports shall not be disclosed to any other party. If Closing does not occur, the foregoing obligation all copies of confidentiality such reports shall survive for five (5) years after the termination of this Agreementbe promptly delivered to Seller.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Forest Oil Corp)

On-Site Tests and Inspections. Seller shall permit or, in case of any third-party operated xxxxx, use its commercially reasonable efforts to cause the operator thereof to permit, Purchaser’s authorized representatives to consult with Seller’s or third-party operator’s agents and employees during reasonable business hours and to conduct, at Purchaser’s sole risk and expense, on-site inspections, tests and inventories of the Assets. Purchaser’s environmental investigation of the Properties shall be limited to conducting a Phase I Environmental Site Assessment in accordance with the American Society for Testing and Materials (A.S.T.M.) Standard Practice Environmental Site Assessments: Phase I Environmental Site Assessment Process (Publication Designation: E1527-05) (“Site Assessment”), and at Seller’s discretion, shall be accompanied by Seller’s representative. Purchaser shall furnish Seller, free of cost to Seller, a copy of any written report prepared by or for Purchaser related to any Site Assessment of the Properties as soon as reasonably possible after it is prepared. All environmental reports prepared by or for Purchaser shall be maintained in strict confidence by Purchaser Xxxxxxxxx and shall be used by Purchaser solely in connection with the evaluation of the Properties or in any dispute with Seller involving the Properties. Except as provided in the preceding sentence, if Closing does not occur, such reports shall not be disclosed to any other party. If Closing does not occur, the foregoing obligation of confidentiality shall survive for five (5) years after the termination of this Agreement.

Appears in 1 contract

Samples: Agreement

On-Site Tests and Inspections. Seller shall permit or, in case of any third-party operated xxxxxwxxxx, use its commercially reasonable efforts to cause the operator thereof to permit, Purchaser’s 's authorized representatives to consult with Seller’s 's or third-party operator’s 's agents and employees during reasonable business hours and to conduct, at Purchaser’s 's sole risk and expense, on-site inspections, tests and inventories of the Assets. Purchaser’s Purchasers environmental investigation of the Properties shall be limited to conducting a Phase I Environmental Site Assessment in accordance with the American Society for Testing and Materials (A.S.T.M.) Standard Practice Environmental Site Assessments: Phase I Environmental Site Assessment Process (Publication Designation: E1527-05) (“Site Assessment”), and at Seller’s discretion, shall be accompanied by Seller’s representative. If this agreement is terminated for any reason, Purchaser shall furnish Seller, free of cost to Seller, a copy of any written report prepared by or for Purchaser related to any Site Assessment of the Properties as soon as reasonably possible after it is preparedpossible. All environmental reports prepared by or for Purchaser shall be maintained in strict confidence by Purchaser and shall be used by Purchaser solely in connection with the evaluation of the Properties or in any dispute with Seller involving the Properties. Except as provided in the preceding sentence, if Closing does not occur, such reports shall not be disclosed to any other party. If Closing does not occur, the foregoing obligation of confidentiality shall survive for five (5) years after the termination of this Agreement.

Appears in 1 contract

Samples: Agreement (Linn Energy, LLC)

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On-Site Tests and Inspections. Seller shall permit or, in case of any third-party operated xxxxx, use its commercially reasonable efforts to cause the operator thereof to permit, Purchaser’s authorized representatives to consult with Seller’s or third-party operator’s agents and employees during reasonable business hours and to conduct, at Purchaser’s sole risk and expense, on-site inspections, tests and inventories of the Assets. Purchaser’s environmental investigation of the Properties shall be limited to conducting a Phase I Environmental Site Assessment in accordance with the American Society for Testing and Materials (A.S.T.M.) Standard Practice Environmental Site Assessments: Phase I Environmental Site Assessment Process (Publication Designation: E1527-05) (“Site Assessment”), and at Seller’s discretion, shall be accompanied by Seller’s representative. Purchaser shall furnish Seller, free of cost to Seller, a copy of any written report prepared by or for Purchaser related to any Site Assessment of the Properties as soon as reasonably possible after it is prepared. All environmental reports prepared by or for Purchaser shall be maintained in strict confidence by Purchaser Xxxxxxxxx and shall be used by Purchaser solely in connection with the evaluation of the Properties or in any dispute with Seller involving the Properties. Except as provided in the preceding sentence, if Closing does not occur, such reports shall not be disclosed to any other party, unless mandated by law. If Closing does not occur, the foregoing obligation of confidentiality shall survive for five (5) years after the termination of this Agreement.

Appears in 1 contract

Samples: Agreement

On-Site Tests and Inspections. Seller shall permit or, in case of any third-party operated xxxxx, use its commercially reasonable efforts to cause the operator thereof to permit, Purchaser’s authorized representatives to consult with Seller’s or third-party operator’s agents and employees during reasonable business hours and to conduct, at Purchaser’s sole risk and expense, on-site inspections, tests and inventories of the Assets. Purchaser’s Purchasers environmental investigation of the Properties shall be limited to conducting a Phase I Environmental Site Assessment in accordance with the American Society for Testing and Materials (A.S.T.M.) Standard Practice Environmental Site Assessments: Phase I Environmental Site Assessment Process (Publication Designation: E1527-05) (“Site Assessment”), and at Seller’s discretion, shall be accompanied by Seller’s representative. If this agreement is terminated for any reason, Purchaser shall furnish Seller, free of cost to Seller, a copy of any written report prepared by or for Purchaser related to any Site Assessment of the Properties as soon as reasonably possible after it is preparedpossible. All environmental reports prepared by or for Purchaser shall be maintained in strict confidence by Purchaser and shall be used by Purchaser solely in connection with the evaluation of the Properties or in any dispute with Seller involving the Properties. Except as provided in the preceding sentence, if Closing does not occur, such reports shall not be disclosed to any other party. If Closing does not occur, the foregoing obligation of confidentiality shall survive for five (5) years after the termination of this Agreement.

Appears in 1 contract

Samples: Agreement (Forest Oil Corp)

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