Physical Inspections and Studies Sample Clauses

Physical Inspections and Studies. Buyer shall have the right to approve or disapprove, in Buyer's sole discretion, the results of Buyer's inspections, investigations, tests and studies, including, without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections, engineering tests, and soils, seismic and geologic reports with respect to the Property, inspections of all or any portion of the Improvements (including, without limitation, structural, mechanical and electrical systems, roofs, pavement, landscaping and public utilities), and any other physical inspections and/or investigations as Buyer may elect to make or obtain (collectively, the "Tests") by delivering written notice thereof to Seller and Escrow Holder by the Contingency Date. Buyer's failure to timely approve in writing the results of the Tests shall be deemed to constitute Buyer's disapproval thereof

Physical Inspections and Studies. Prior to the Execution Date, Buyer has had the opportunity to conduct, and has approved the results of, Buyer's inspections, investigations, tests and studies, including, without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections, engineering tests, and soils, seismic and geologic reports with respect to the Land, inspections of all or any portion of the Improvements (including, without limitation, structural, mechanical and electrical systems, roofs, pavement, landscaping and public utilities), and any other physical inspections and/or investigations (collectively, the "Tests") with respect to the Property as Buyer has deemed prudent or necessary. Buyer hereby acknowledges and agrees that except as expressly provided below with respect to the New Phase I (as defined below), Buyer no longer has any right to terminate this Agreement and receive a refund of the Deposit in connection with any Tests, and Buyer has approved the Tests and the Property. Subject to Paragraph 13 below, Buyer may continue to access the Property following the date hereof (i) to prepare for Closing, (ii) to obtain the New Survey, and (iii) to commission a new Phase I environmental report (the "New Phase I"). Buyer may disapprove the New Phase I (solely in accordance with the remainder of this sentence) by delivering written notice thereof to Seller and Escrow Holder on or before 5:00 p.m. Pacific time on the Limited Due Diligence Date; provided, however, that Buyer shall be entitled to disapprove the New Phase I solely based on new information first disclosed by the New Phase I that (x) was not disclosed in the Phase I environmental report or other materials provided, or made available, to Buyer prior to the Execution Date, and (y) either (I) would reasonably be expected to have a material adverse effect on the Property or (II) includes an affirmative recommendation from the preparer of the New Phase I that Buyer perform a subsurface Phase II investigation as a result of a specific type of Recognized Environmental Condition reported in the New Phase I for the Property (provided, however, that for the avoidance of doubt, a general recommendation of engaging in a Phase II or other subsurface test as a general matter or as the best source of information, and not as a result of a specific Recognized Environmental Condition, shall not trigger the foregoing disapproval right); provided, further, that Buyer shall not...

Physical Inspections and Studies. Buyer hereby approves the results of Buyer's inspections, investigations, tests and studies, including, without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections, engineering tests, and soils, seismic and geologic reports with respect to the Property, inspections of all or any portion of the Improvements (including, without limitation, structural, mechanical and electrical systems, roofs, pavement, landscaping and public utilities), and all other physical inspections and/or investigations (collectively, the "TESTS") as Buyer has elected to make or obtain in accordance with the terms of this Agreement.

Physical Inspections and Studies. On or before the -------------------------------- Contingency Date, Buyer shall have approved in writing, in Buyer's sole and absolute discretion, the results of any inspections, investigations, tests and studies Buyer elects to make or obtain, including, but not limited to, investigations with regard to zoning, building codes and other governmental regulations; architectural inspections and engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies (including Phase I and Phase II testing); and any other physical inspections and/or investigations as Buyer may elect to make or obtain.

Physical Inspections and Studies. Subject to Paragraph 14 below, Buyer shall have the right to approve or disapprove, in Buyer’s sole discretion, the results of Buyer’s inspections, investigations, tests and studies, including, without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections, engineering tests, and soils, seismic and geologic reports with respect to the Land, inspections of all or any portion of the Improvements (including, without limitation, structural, mechanical and electrical systems, roofs, pavement, landscaping and public utilities), and any other physical inspections and/or investigations (collectively, the “Tests”) as Buyer may elect to make or obtain in accordance with the terms of this Agreement. Buyer’s failure to timely deliver an Approval Notice to Seller in accordance with the last subparagraph of this Paragraph 7 shall constitute Buyer’s election to terminate this Agreement and the Escrow Holder shall promptly return the Deposit. Buyer’s timely delivery to Seller of an Approval Notice in accordance with the last subparagraph of this Paragraph 7 shall be deemed to constitute Buyer’s approval of all Tests and waiver of this condition.

Physical Inspections and Studies. Subject to Paragraph 14 below, Buyer has approved, in Buyer’s sole discretion, the results of Buyer’s inspections, investigations, tests and studies, including, without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections, engineering tests, and soils, seismic and geologic reports with respect to the Property, inspections of all or any portion of the Improvements (including, without limitation, structural, mechanical and electrical systems, roofs, pavement, landscaping and public utilities), and any other physical inspections and/or investigations (collectively, the “Tests”) as Buyer elected to make or obtained in accordance with the terms of this Agreement. Accordingly, notwithstanding anything to the contrary herein, the condition described in this Paragraph 7.2 (i.e., Buyer’s approval of the results of the Tests) is deemed to have been satisfied and Buyer shall have no right to terminate this Agreement in connection with such condition.