Common use of Purchaser’s Access and Inspection Clause in Contracts

Purchaser’s Access and Inspection. Subject to the Purchaser's confidentiality obligations set forth below and in the Confidentiality Agreement dated effective September 30, 2007 between Purchaser and Metal Resources, each of Metal Resources and the Company shall provide Purchaser and its authorized representatives reasonable access during normal business hours from and after the date hereof until the Closing to the Company and the books and records of the Company, the employees of the Company set forth on Schedule 2.1(a) and the customers and suppliers of the Company set forth on Schedule 2.1(b), for the purpose of making such investigation as Purchaser may desire, including, without limitation, having surveys and environmental studies made of the Company's Real Property, as such term is defined in Section 3.10(a) below, which shall be limited to a Phase I environmental site assessment, and Metal Resources and the Company shall furnish Purchaser such other information concerning the Company or the Business as Purchaser may reasonably request. Purchaser will bear the cost of conducting the Phase I environmental site assessment or any environmental due diligence and, at the request of Sellers, will provide Metal Resources and Sellers with copies of all written environmental reports received by Purchaser. Such reports and analysis shall be kept confidential by the parties hereto and not disclosed to any person, firm, entity, agency or regulatory body (a) by Purchaser prior to the consummation of the Offering without the prior written consent of Sellers, which consent shall not be unreasonably withheld; provided, however, that Purchaser shall be entitled to disclose such reports and analysis or a summary thereof to prospective sources of financing or in filings with any Governmental Authority required to be made in connection with the Offering, or (b) by Sellers thereafter without the prior written consent of Purchaser, which consent shall not be unreasonably withheld. The reporting of any findings in the environmental reports or analysis required by Law to be disclosed to any agency or regulatory body shall be the sole responsibility of Metal Resources and the Company until the sale of the Interests shall have been consummated at the Closing and thereafter shall be the sole responsibility of Purchaser.

Purchaser’s Access and Inspection. Subject to the Purchaser's confidentiality obligations set forth below and in the Confidentiality Agreement dated effective September 30(a) Seller shall, 2007 between Purchaser and Metal Resources, each of Metal Resources and the Company shall provide Purchaser and its authorized representatives reasonable access during normal business hours from and after the date hereof until the Closing Closing, upon reasonable advance notice to Seller by Purchaser, during regular business hours and subject in all cases to any quarantine or other restrictions imposed by Regulatory Authorities due to COVID-19, (i) make available for inspection by Purchaser or its Affiliates and their representatives all of Seller’s properties, assets, books of accounts, records (including the work papers of Seller’s independent accountants), any and all data in the possession or under its control related to the Company Purchased Assets and any other materials reasonably requested by them relating to the books and records of the Company, the employees of the Company set forth on Schedule 2.1(a) and the customers and suppliers of the Company set forth on Schedule 2.1(b), for the purpose of making such investigation as Purchaser may desire, including, without limitation, having surveys and environmental studies made of the Company's Real Property, as such term is defined in Section 3.10(a) below, which shall be limited to a Phase I environmental site assessment, and Metal Resources and the Company shall furnish Purchaser such other information concerning the Company Purchased Assets or the Business licenses granted by Seller pursuant to Section 6.5, at such times as Purchaser may reasonably request. , (ii) make available to Purchaser will bear or its Affiliates or their representatives the cost employees, officers and representatives of conducting the Phase I environmental site assessment or any environmental due diligence andSeller for interviews, at such times as Purchaser and its representatives may reasonably request, to verify and discuss information furnished to the request of SellersPurchaser or its Affiliates and their representatives and otherwise discuss the Purchased Assets or the licenses granted by Seller pursuant to Section 6.5; and (iii) authorize Seller’s lenders, will provide Metal Resources creditors, lessors, lessees, licensors, licensees, employees, developers, contractors, distributors, vendors, clients, customers, suppliers, Affiliates or other Persons having a material business relationship with Seller to respond to appropriate inquiries from Purchaser or its Affiliates regarding the Purchased Assets or the licenses granted by Seller pursuant to Section 6.5. Any and Sellers with copies of all written environmental reports received by Purchaser. Such reports such inspections, interviews, and analysis access for investigations shall be kept confidential by conducted during normal business hours and in a manner that does not unreasonably interfere with the parties hereto and not disclosed to any person, firm, entity, agency or regulatory body (a) by Purchaser prior to the consummation conduct of the Offering without the prior written consent business of Sellers, which consent shall not be unreasonably withheld; provided, however, that Purchaser shall be entitled to disclose such reports and analysis or a summary thereof to prospective sources of financing or in filings with any Governmental Authority required to be made in connection with the Offering, or Seller. (b) Any information obtained by Sellers thereafter without the prior written consent of Purchaser, which consent shall not be unreasonably withheld. The reporting of any findings in the environmental reports or analysis required by Law Purchaser pursuant to be disclosed to any agency or regulatory body this Section 7.3 shall be the sole responsibility of Metal Resources and the Company until the sale subject to Section 3 of the Interests Amended and Restated Master Agreement. Effective upon, and only upon, the Closing, Purchaser’s confidentiality obligations under the Amended and Restated Master Agreement shall have been consummated at terminate with respect to such information relating to the Closing and thereafter shall be the sole responsibility of PurchaserPurchased Assets obtained by Purchaser pursuant to this Section 7.3.