Common use of Property and Environmental Inspections Clause in Contracts

Property and Environmental Inspections. Buyer and its agents, including but not limited to consultants, surveyors, engineers, home inspectors, appraisers, and other professionals hired by Xxxxx, at Buyer's sole cost and expense (save for section 5.2.1 below), shall have the right to access the Property upon one week notice (or less time as agreed upon by Seller) to conduct environmental studies (including but not limited to Phase 1 and Phase 2 Environmental Site Assessments), structural inspections, sewer and septic system sampling, asbestos and lead testing, and any other due diligence Buyer deems necessary. Seller shall cooperate with Buyer in making such inspections. Buyer and its agents will have the right to enter the Property at reasonable times before Closing to perform such surveys, analyses, studies, appraisals, and other due diligence that Buyer deems necessary. Any area disturbed by Xxxxx’s inspections shall be restored by Xxxxx, at Buyer’s sole costs and expense, to its pre‐inspection condition. Buyer through Xxxxx's selected provider shall pay for an Environmental Site Assessment "Phase 1" at Buyer's sole cost and expense. If the "Phase 1" report indicates the recommendation for further site investigation, the costs of a "Phase 2" report shall therefore be borne by the Buyer at Buyer's sole cost and expense. In the event “Phase 3” remediation is necessary, the parties will mutually agree on the costs for “Phase 3” before the work is initiated. Buyer shall be named as the intended recipient and beneficiary of the "Phase 2" report and "Phase 3" work along with Seller. If Buyer determines a Phase 2 and/or Phase 3 costs or conditions are unacceptable, Buyer may terminate this Agreement and the Xxxxxxx Money will be promptly returned to the Buyer.

Property and Environmental Inspections. Buyer and Buyer’s approval, in its agentssole discretion, including of its physical inspection of the Property, which may include, but will not be limited to consultantsboundary, surveyorsenvironmental, engineerssoil, home inspectorswell, appraisersseptic system, irrigation system, and other professionals hired by Xxxxxstructural inspections and also the review of any documentation relating to those inspections and documentation pertaining to any water rights, at Buyer's sole cost leases, government permits and expense (save for section 5.2.1 below), shall have the right to access land use approvals or lack thereof that affect the Property upon one week notice (or less time as agreed upon by Sellercollectively called the “Due Diligence”). Buyer will have X (X) days from the Effective Date of this Agreement (the “Initial Due Diligence Period”) to conduct environmental studies (including but not limited to Phase 1 and Phase 2 Environmental Site Assessments), structural inspections, sewer and septic system sampling, asbestos and lead testing, and any other due diligence Buyer deems necessary. Seller shall cooperate with Buyer in making such inspections. Buyer and complete its agents will have the right to enter the Property at reasonable times before Closing to perform such surveys, analyses, studies, appraisals, and other due diligence that Buyer deems necessary. Any area disturbed by Xxxxx’s inspections shall be restored by Xxxxx, at Buyer’s sole costs and expense, to its pre‐inspection condition. Buyer through Xxxxx's selected provider shall pay for an Environmental Site Assessment "Phase 1" at Buyer's sole cost and expense. If the "Phase 1" report indicates the recommendation for further site investigation, the costs of a "Phase 2" report shall therefore be borne by the Buyer at Buyer's sole cost and expense. In the event “Phase 3” remediation is necessary, the parties will mutually agree on the costs for “Phase 3” before the work is initiated. Buyer shall be named as the intended recipient and beneficiary of the "Phase 2" report and "Phase 3" work along with SellerDue Diligence. If Buyer determines a Phase 2 and/or Phase 3 costs or conditions are unacceptableis not satisfied, in its sole discretion, with the result of Buyer’s Due Diligence, Buyer may terminate this Agreement and by written notice to Seller given at any time before the expiration of the Initial Due Diligence Period. If Buyer elects to terminate this Agreement under this Section 6.1.1, the Xxxxxxx Money must be promptly refunded to Buyer. If Buyer fails to give required notice of termination within the applicable time period, this condition will be promptly returned deemed to have been waived. In order to facilitate the above, at any time during the pendency of this Agreement, Seller authorizes Buyer and its agents to enter the Property on 24-hour prior written notice to Seller to conduct any and all reasonable inspections, examinations, tests, audits, surveys and investigations of the Property which may include but are not limited to physical inspection of the Property’s boundary, environmental, soil, well and irrigation system inspections (collectively, the “Inspections”). Buyer agrees to indemnify and hold Seller harmless from all loss, damage, or liability arising out of Buyer’s or Buyer’s agents’ access to the Property for Inspections; however, Buyer shall not be obligated to indemnify Seller for discovery of any pre-existing conditions. Any area on the Property disturbed by Buyer’s inspections, shall be restored by Buyer, at Buyer’s sole cost and expense, to substantially its pre-inspection condition. Document Delivery. Within fifteen (15) days of the Effective Date, Seller shall deliver to Buyer copies of all water rights certificates, water rights permits, pending applications and transfer approval orders related to water rights, irrigation records, licenses, unrecorded easements, maps, copies or any and all reports of studies in Seller’s possession, all plans, site plans, specifications, drawings and similar documents, all guaranties and warranties related to the Property, leases or other agreements relating to the occupancy of the Property, and all certificates of compliance, governmental permits and approvals. Seller represents that documents provided under this Paragraph contain all written information in Seller’s possession concerning the Property.

Property and Environmental Inspections. Buyer and its agents, including but not limited to consultants, surveyors, engineers, home inspectors, appraisers, and other professionals hired by Xxxxx, at Buyer's sole cost and expense (save for section 5.2.1 below)expense, shall have the right to access the Property upon one week notice (or less time as agreed upon by Seller) to perform surveys, analyses, studies, appraisals, conduct environmental studies (including but not limited to Phase 1 and Phase 2 Environmental Site Assessments), structural inspections, sewer and septic system sampling, asbestos and lead testing, bridge inspection/assessment, access inspections, water access engineering reviews, and any other due diligence Buyer deems necessary. Seller shall cooperate with Buyer in making such inspections. Buyer and its agents will have the right to enter the Property at reasonable times before Closing to perform such surveys, analyses, studies, appraisals, and other due diligence that Buyer deems necessary. Any area disturbed by Xxxxx’s inspections shall be restored by Xxxxx, at Buyer’s sole costs and expense, to its pre‐inspection condition. Buyer through Xxxxx's selected provider shall pay for an Environmental Site Assessment "Phase 1" at Buyer's sole cost and expense. If the "Phase 1" report indicates the recommendation for further site investigation, the costs of a "Phase 2" report shall therefore be borne by the Buyer at Buyer's sole cost and expense. In the event “Phase 3” remediation is necessary, the parties will mutually agree on the costs for “Phase 3” before the work is initiated. Buyer shall be named as the intended recipient and beneficiary of the "Phase 2" report and "Phase 3" work along with Seller. If Buyer determines a Phase 2 and/or Phase 3 costs or conditions are unacceptable, Buyer may terminate this Agreement and the Xxxxxxx Money will be promptly returned to the Buyer.