Survey and Testing Clause Samples

Survey and Testing. Lessee will have the right during the Term of this Lease (and the Option Period, if applicable) to survey, soil test, and make any other investigations necessary to determine if the surface and subsurface of the Leased Space are suitable for construction and operation of the Structures. If Lessee, prior to completion of the Structures determines that for any reason the surface or subsurface of the Leased Space is not suitable to construct and operate the Structures, this Lease, upon written notice given to Lessor prior to completion of the Structures will become null and void; provided that at Lessee's sole expense the Leased Space will be promptly restored to the extent contemplated by the Lessee Improvements section above and provided further that Lessee will deliver copies of all soil tests and investigation reports to Lessor.

Survey and Testing. During the term of this Agreement, RCM may conduct any necessary surveys of the Property, complete any necessary items dealing with planning and zoning of the Property, complete any and all environmental testing necessary for the Property, and meet with the McCara Development Board.

Survey and Testing. The LESSEE will have the right during the Initial Term or Renewal Term(s) of this Lease (and the Option Period, if applicable) to survey, soil test, and make any other investigations necessary to determine if the surface and subsurface of the Leased Space are: (i) suitable for construction and operation of the Structures and (ii) free of all Hazardous Materials. If the LESSEE, prior to completion of the Structures, determines that for any reason the surface or subsurface of the Leased Space is not suitable to construct and operate the Structures, this Lease, upon written notice given to the Town prior to completion of the Structures, will become null and void; provided that at the LESSEE’S sole expense the Leased Space will be promptly restored to the extent contemplated by the “LESSEE Improvements”, Section 11 above and provided further that the LESSEE will deliver copies of all soil tests and investigation reports to the Town’s Director of Operations or designate.

Survey and Testing. Tenant shall have the right during the Option Period and any extension to survey, soil test, and make any other investigations necessary to determine if the surface of the Leased Premises is suitable for construction of the Worker Housing. If Tenant, within the above-stated time, determines that for any reason the Leased Premises is not suitable, this Agreement, upon written notice given by Tenant to Landlord, shall become null and void; provided that at Tenant’s sole expense any damage to the Leased Premises caused by such testing and investigations of Tenant shall be promptly repaired.

Survey and Testing. Buyer shall have the right, subject to reasonable advance notice to Seller, to enter upon the Real Property to conduct a survey or such other testing as Buyer, in its sole and absolute discretion, deems reasonable. In the event the survey indicates available acreage in an amount less than 350 acres or in the event ▇▇▇▇▇ fails to acquire Parcel B, the Purchase Price shall be reduced proportionately.

Survey and Testing. Lessee will have the right during the term of this Lease (and the Option Period, if applicable) to survey, soil test, and make any other investigations necessary to determine if the surface and subsurface of the Leased Space are suitable for construction and operation of the Structures. If Lessee, prior to completion of the Structures determines that for any reason the surface or subsurface of the Leased Space is not suitable to construct and operate the Structures, this Lease, upon written notice given to Lessor prior to completion of the Structures will become null and void; provided that at Lessee's sole expense the Leased Space will be promptly restored to the extent contemplated by the Lessee Improvements section above and provided further that Lessee will deliver copies of all soil tests and investigation reports to Lessor. Lessor will conduct annual RF emissions testing, performed by a registered RF engineer, and any and all costs related to such testing will be at commercially reasonable rates and the sole responsibility of Lessee. Lessee hereby agrees to accept the engineer selected by Lessor to conduct the testing, provided the engineer is a registered RF engineer. Any agreements between Lessee and any sub-lessee of the Leased Space must contain a provision requiring sub-lessee to comply with any and all applicable federal, state and local regulations. Lessee must also notify any sub-lessee of periodic RF emission testing by Lessor. At the time any sub-lessee submits application for any building permit to Lessor, such application must be accompanied by a letter from Lessee supporting sub-lessee’s application.

Survey and Testing. Tenant shall have the right during the Option Period and any extension to survey, soil test, and make any other investigations necessary to determine if the surface of the Property is suitable for construction of the Solar Farm; provided, however, that Tenant shall not conduct any invasive testing of environmental media (including soil, groundwater, and surface water) without Landlord’s express written consent. If Tenant requests the right to conduct invasive testing, e.g., for a Phase II Environmental Site Assessment, Landlord and Tenant agree to reasonably cooperate to determine the scope of such testing. Nothing in this Paragraph 29 shall prohibit Tenant from conducting a Phase I Environmental Site Assessment similar to what would be performed in accordance with ASTM E1527-21. If Tenant, within the above-stated time, determines that for any reason the Property is not suitable, this Agreement, upon written notice given by Tenant to Landlord, shall become null and void; provided that at Tenant’s sole expense any damage to the Property caused by such testing and investigations of Tenant shall be promptly repaired.

Survey and Testing. Lessee will have the right during the Term of this Lease (and the Option Period, if applicable) to survey, soil test, and make any other investigations necessary to determine if the surface and subsurface of the Leased Space are suitable for construction and operation of the Tower and other Structures. The tests may include, without limitation, surveys, soil tests, environmental assessments and radio wave propagation measurements. If Lessee, prior to completion of the Structures determines that for any reason the surface or subsurface of the Leased Space is not suitable to construct and operate the Tower or other Structures, this Lease, upon written notice given to Lessor prior to completion of the Structures will become null and void; provided that at Lessee's sole expense the Leased Space will be promptly restored to the extent contemplated by the Lessee Improvements section above and provided further that Lessee will deliver copies of all soil tests and investigation reports to Lessor.