The Study Period. Buyer, in Buyer's sole and absolute discretion, shall have approved the condition of the Property. Buyer shall have until 5:00 p.m. Arizona time on the 30th day after the Opening of Escrow (the "Study Period"), at Buyer's sole cost, within which to conduct and/or approve any investigations, studies or tests deemed necessary by Buyer, in Buyer's sole discretion, to determine the feasibility of acquiring and developing the Property, including, but not limited to, environmental, soil and engineering studies and the investigation of zoning, title, land, water management, wetlands, construction and permit and access issues (the "Studies"). Seller hereby grants to Buyer and Buyer's agents, employees or contractors the right to enter upon the Property at any time or times during the Study Period to conduct the Studies. In consideration of Seller granting Buyer the right of entry to the Property, Buyer shall and does hereby agree to indemnify and hold Seller harmless from any and all liabilities, claims, losses or damages, including, but not limited to, court costs and attorneys' fees, which may be incurred by Seller because of the Studies or any activities by Buyer or its consultants related to the Studies, and to restore the Property to the condition existing immediately prior to any such Study, if any. Buyer's obligations as provided in the preceding sentence shall survive the cancellation of this Agreement. If, for any reason whatsoever, in Buyer's sole discretion the results of any of the Studies are not acceptable to Buyer and Buyer so notifies Seller and Escrow Agent in writing on or before the end of the Study Period (the "Cancellation Notice"), this Agreement shall be canceled. Buyer's failure, for any reason, to give the Cancellation Notice before the expiration of the Study Period automatically shall be deemed to be Buyer's election to close the Escrow.
The Study Period. Buyer shall have until the later of 5:00 p.m. MST on (i) the thirtieth (30th) day after the Opening of Escrow, (ii) thirty (30) days from Buyer's receipt of all deliveries of Seller's Diligence Materials (as hereinafter defined), (iii) that day which is ten (10) days from Buyer's receipt of the Report and legible copies of all documents identified in Part Two of Schedule B of the Report, or (iv) that day which is ten (10) days from Buyer's receipt of the Survey (as hereinafter defined) (the "Study Period"), at Buyer's sole cost, within which to conduct and approve any investigations, studies or tests deemed necessary by Buyer, in Buyer's sole discretion, to determine the feasibility of acquiring the Property, including, without limitation, Buyer's right to: (i) review and approve the Survey, the Lease, Seller's operating statements with respect to the Property, and the Contracts; (ii) subject to advance notice to Seller and Tenant, meet and confer with Tenant; and, (iii) obtain, review and approve an environmental study of the Real Property and Building (collectively, "Buyer's Diligence").
The Study Period. Buyer shall have until 5:00 p.m. EST on the thirtieth (30th) day after Escrow Agent's receipt of Seller's original signatures to this Agreement (the "Study Period"), at Buyer's sole cost, within which to conduct and approve any investigations, studies or tests deemed necessary by Buyer, in Buyer's sole discretion, to determine the feasibility of acquiring the Property, including, without limitation, Buyer's right to: (i) review and approve the Survey (as hereinafter defined), the Lease, Seller's operating statements with respect to the Property, and the Contracts; (ii) meet and confer with Tenant; and, (iii) obtain, review and approve an environmental study of the Real Property and Building (collectively, "Buyer's Diligence").
The Study Period. As to the Premises, Buyer shall have until 11:59 p.m. MST on the later of (i) the thirtieth (30th) day after the Effective Date, (ii) the thirtieth (30th) day after Buyer’s receipt of all deliveries of Seller’s Diligence Materials (as defined herein), or (iii) the tenth (10th) day after Buyer’s receipt of the Survey (the “Study Period”), at Buyer’s sole cost, within which to conduct and approve any investigations, studies or tests deemed necessary by Buyer, in Buyer’s sole discretion, to determine the feasibility of acquiring the Premises, including, without limitation, Buyer’s right to: (i) review and approve the Survey, the Lease and the Contracts; (ii) meet and confer with Tenant, provided Purchaser first coordinates such communication with Seller and receives Seller’s consent, not to be unreasonably withheld; and (iii) obtain, review and approve an environmental study of the Premises (collectively, “Buyer’s Diligence”).
The Study Period. Buyer shall have until 5:00 p.m. MST on October 7, 2005 (the "Study Period"), at Buyer's sole cost, within which to conduct and approve any investigations, studies or tests deemed necessary by Buyer, in Buyer's sole discretion, to determine the feasibility of acquiring the Property, including, without limitation, Buyer's right to: (i) review and approve the Survey, the Lease, Seller's operating statements with respect to the Property, and the Contracts; (ii) meet and confer with Tenant; and, (iii) obtain, review and approve an environmental study of the Real Property and Building (collectively, "Buyer's Diligence"). Buyer's Diligence does not include the right to do sampling, testing or borings without Seller's advance consent thereto.
The Study Period. Buyer shall have until 5:00 p.m. Central Standard Time on the later of (i) the thirtieth (30th) day after the Effective Date, (ii) the thirtieth (30th) day after Buyer’s receipt of all deliveries of Seller’s Diligence Materials (as hereinafter defined) as evidenced by Seller’s written notice of delivery of the Seller’s Diligence Materials from Seller to Buyer, or (iii) the tenth (10th) day after Buyer’s receipt of the Survey (as hereinafter defined), which Survey Buyer shall order not later than three (3) business days after the Effective Date (the period commencing with the Effective Date and ending with the later of (i), (ii) and (iii) above, the “Study Period”), at Buyer’s sole cost, within which to conduct and approve any investigations, studies or tests deemed necessary by Buyer, in Buyer’s sole discretion, to determine the feasibility of acquiring the Property, including, without limitation, Buyer’s right to: (i) review and approve the Survey, the Lease, Seller’s operating statements with respect to the Property, and the Contracts; (ii) meet and confer with Tenant with respect to its current and prospective occupancy of the Improvements as long as Buyer coordinates such interviews with Seller at least two (2) business days prior to the date of such interviews and gives Seller an opportunity to have a representative of Seller in attendance throughout such interview; and (iii) obtain, review and approve a Phase I environmental study of the Real Property and Building (collectively, “Buyer’s Diligence”). Buyer shall provide not less than two (2) business days’ prior notice to Seller before conducting any investigations, study, interview or test to or at the Real Property and the Improvements.
The Study Period. Buyer shall have until 11:59 p.m. MST on the later of the (i) thirtieth (30th) day after the Opening of Escrow, (ii) thirtieth (30th) day after Buyer’s receipt of Seller’s written notice to Buyer certifying that Seller has delivered to Buyer or made available to Buyer via web portal all of Seller’s Diligence Materials (as hereinafter defined), or (iii) tenth (10th) day after Buyer’s receipt of the Survey (the “Study Period”) (provided, however, that the Study Period, as it may be determined pursuant to Subsection 7(a)(iii), may not, in any event, exceed forty (40) days after the Opening of Escrow), at Buyer’s sole cost, within which to conduct and approve any investigations, studies or tests deemed necessary by Buyer, in Buyer’s sole discretion, to determine the feasibility of acquiring the Property, including, without limitation, Buyer’s right to: (x) review and approve the Survey, the Lease, and the Contracts; (y) meet and confer with Tenant (provided, however, Seller shall have the right, but no obligation, to have a representative present for any such meeting or conference); and, (z) obtain, review and approve an environmental study of the Real Property and Building (collectively, “Buyer’s Diligence”).
The Study Period. Buyer shall have until 5:00 p.m. CST on the thirtieth (30th) day after the Effective Date (the “Study Period”), at Buyer’s sole cost, within which to conduct and approve any investigations, studies or tests deemed necessary by Buyer, in Buyer’s sole discretion, to determine the feasibility of acquiring the Property, including, without limitation, Buyer’s right to: (i) review and approve the Survey (as hereinafter defined), the Lease, Seller’s operating statements with respect to the Property, and the Contracts; (ii) meet and confer with Tenant; and, (iii) obtain, review and approve an environmental study of the Real Property and Building (collectively, “Buyer’s Diligence”). All such inspections, tests and examinations are to be conducted in a manner so as not to physically damage the Property and, in any event, the Property shall be restored by Buyer substantially to its condition at the time of entry of Buyer at Buyer’s sole cost. Neither Buyer nor any of its agents or representatives shall conduct any invasive physical testing, drilling, boring, sampling or removal of, on or through the surface of the Property (or any part or portion thereof) without Seller’s prior written consent, which consent shall not be unreasonably withheld.
The Study Period. Buyer shall have until 11:59 p.m. MST on the thirtieth (30th) day after the Effective Date (the “Study Period”), at Buyer’s sole cost, within which to conduct and approve any investigations, studies or tests deemed necessary by Buyer, in Buyer’s sole discretion, to determine the feasibility of acquiring the Property, including, without limitation, Buyer’s right to: (i) review and approve the Survey, the Lease, Seller’s operating statements with respect to the Property, and the Contracts; (ii) meet and confer with Tenant (subject to the notice requirement set forth in Section 7(b) below); and, (iii) obtain, review and approve an environmental study of the Real Property and Building, all of the foregoing at Buyer’s expense (collectively, “Buyer’s Diligence”).
The Study Period. Buyer shall have until 11:59 p.m. MST on the later of the (i) thirtieth (30th) day after the execution of this Agreement by both parties, or (ii) thirtieth (30th) day after Buyer’s receipt of all deliveries of Seller’s Diligence Materials (the “Study Period”), at Buyer’s sole cost, within which to conduct and approve any investigations, studies or tests deemed necessary by Buyer, in Buyer’s sole discretion, to determine the feasibility of acquiring the Property, including, without limitation, Buyer’s right to: (i) review and approve the Survey, the Lease, Seller’s operating statements with respect to the Property and the Contracts; (ii) meet and confer with Tenant; and, (iii) obtain, review and approve an environmental study of the Real Property and Building (collectively, “Buyer’s Diligence”).
