Project Due Diligence. The Parties have reviewed zoning and General Plan requirements and any other applicable local, state, or federal regulations and agree with the likely conditions and requirements that will be necessary to carry out the project.
Project Due Diligence. A. Each of the parties have performed any necessary due diligence prior to entering into this Lease. The parties agree that the Base Building shall be substantially similar in exterior design and interior finishes as the building which Tenant currently occupies in the Project. A basis rendering of the building and floor plan are attached as Exhibit “A”, and the parties agree that notwithstanding that the Building has not yet been fully designed, they have reached an understanding as to the material design and features of the Building so as to enter into this binding lease, subject to each party’s subsequent approval of the final design.
Project Due Diligence. A. Tenant acknowledges that Landlord has not presently completed its due diligence of the Project, including necessary environmental and engineering reports, title reports and determination of site suitability for construction of the Premises, building and civil design and financial analysis. Completion of such due diligence is necessary prior to completion of the Project’s Final Plans and Specifications (defined in Section H of the Construction Rider attached hereto as Addendum E) and final determination of project costs. Subject to Force Majeure and Tenant Delays, Landlord shall have a period of two hundred ten (210) days after the Effective Date hereof within which to complete such due diligence (the “Due Diligence Period”). Any delays resulting from the completion of due diligence will likely delay the Commencement Date and may impact the Rent hereunder. Once Landlord has completed due diligence and has evaluated the site impact on the Project and its costs, Landlord and Tenant, at Landlord’s request, shall enter into an amendment to this Lease to reflect such matters. In the event that prior to the expiration of the Due Diligence Period Landlord shall determine that the Project is not acceptable to Landlord in its sole discretion based upon (i) viability of the property for the Project, (ii) unanticipated development costs to be incurred, or (iii) ability to finance on acceptable terms, which may include the creditworthiness of the Tenant, then Landlord may elect to terminate this lease.
Project Due Diligence. Ameresco will perform certain development, engineering and economic tasks for due diligence to determine the Project’s viability at the Sites. As part of this due diligence effort, Landlord shall disclose any conditions at the Site that may adversely impact the Project, including, but not limited to: • Any unpaid property taxes; • The property tax rate for the site; • Any lease, license, or easement agreements; • Any hazardous waste disclosures, obligations for remediation, and indemnifications; • Any undisclosed legal matters, and • Any undisclosed employee or contractor matters at the Site. Within twenty (20) business days after the Parties’ execution of this LOI, Landlord will deliver to Ameresco photocopies of any information in Landlord’s possession with respect to the Sites which is reasonably necessary for Ameresco’s performance of the due diligence, including, without limitation, any title commitments or policies, site plans, surveys, zoning information, environmental reports, information regarding state and local laws and regulations affecting the Site, and information regarding soil conditions at the Site. Ameresco intends to submit a bid to the CT DEEP RFP for the Shared Clean Energy Facility (“SCEF”) Pilot Program based on Ameresco’s right to lease the Sites for the Project.
