PROPERTY STUDIES. Seller has provided to Buyer copies of all existing engineering studies, building and site plans, soil tests, environmental studies and similar items in possession or control of Seller, without cost to Buyer. If Xxxxx terminates this Agreement, Xxxxx agrees to provide Seller, without cost to Seller, copies of any and all reports and studies commissioned by Xxxxx in connection with the property.
PROPERTY STUDIES. Seller has provided to Buyer copies of all existing engineering studies, building and site plans, soil tests, environmental studies and similar items in possession or control of Seller, without cost to Buyer. If Buyer terminates this Agreement, Buyer agrees to provide Seller, without cost to Seller, copies of any and all reports and studies commissioned by Buyer in connection with the property.
PROPERTY STUDIES. After the execution of this Agreement and for a forty-five (45) day period commencing at the opening of escrow, as herein after defined, (the “Due Diligence Period”), Buyer and Buyer’s representatives shall have access to the Property for the purposes of reviewing and investigating the physical and environmental condition of the Property, the zoning, land use and building requirements and restrictions applicable to the Property. Buyer shall be responsible for all expenses incurred in connection with his review and investigation of the Property. Buyer shall indemnify and defend Seller against and hold Seller harmless from all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees and disbursements, arising from any entry on the Property by Buyer or any of Buyer’s representatives. During the Due Diligence Period, Seller shall provide all existing reports in Seller’s possession, including Phase I and Site/Soil Evaluations to Buyer if any. If Buyer determines, in its sole and absolute discretion, within the Due Diligence Period, that the Property is suitable to Buyer, Buyer shall send written notice (the “Notice of Suitability”) to Seller on or before the expiration of the Due Diligence Period. If Buyer fails to send Seller the Notice of Suitability on or before the expiration of the Due Diligence Period, and such failure continues for a period of ten (10) days after written notice from Seller, this transaction and Escrow shall automatically terminate, the xxxxxxx money deposit shall be returned to Buyer, and this Agreement shall be of no further force or effect.
PROPERTY STUDIES. Buyer may enter upon the Land, at reasonable times after the giving of at least twenty-four (24) hours' notice to Seller (unless Seller consents at the time of entry), for the purpose of conducting such tests and studies as Buyer may deem necessary and desirable, all at Buyer's sole cost. Seller hereby represents and warrants that it is authorized and entitled by the Fee Owner to permit access to the Land by Buyer on the terms and conditions set forth herein. Immediately after performing such tests and studies, Buyer shall restore the Land to substantially the same condition as prior to performing such tests and studies, including, without limitation, recompaction or removal of any disrupted soil or material as Seller may reasonably direct. Notwithstanding anything to the contrary contained herein, Buyer shall not conduct any drilling on the Land or otherwise disturb any soil on the Land without Seller's prior written consent, which shall not be unreasonably withheld or delayed. Seller represents and warrants that the documents listed on Exhibit Q attached hereto and incorporated herein by this reference constitute all of the soils reports, geotechnical reports, hazardous materials reports and environmental surveys in Seller's possession and relating to the Land. Seller shall make available for inspection by Buyer at Seller's offices all other materials in Seller's possession relating to the Land. Additionally, Buyer shall have the right during the Due Diligence Period to review and approve the zoning, land use and other governmental regulations, laws, permits and approvals, and the design guidelines, tax bills, applicable fees and title and survey matters, which are applicable to the Land, and to otherwise determine the economic feasibility of developing the Land for Buyer's intended use and the availability of water to the Land. Buyer hereby agrees to indemnify, protect and hold Seller and its affiliates and their respective officers, directors, members, shareholders, contractors, subcontractors, agents and employees harmless from any and all losses, damages, costs, liabilities and expenses, including, without limitation, reasonable attorneys' fees (and those fees incurred upon any appeals) and court costs incurred or suffered by Seller or its affiliates or their respective officers, directors, members, shareholders, contractors, subcontractors, agents and employees, to the extent caused by the negligence or willful misconduct of Buyer or Buyer's represe...
