The Study Period. Buyer shall have until 11:59 p.m. MST on the later of (i) the thirtieth (30th) day after Buyer receives written notice from Seller that the Improvements at the Property are substantially complete (including, without limitation, the completion of any paving improvements and striping); or (ii) March 1, 2012 (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 agrees that Buyer shall not contact Tenant directly, but shall coordinate all desired discussions with Tenant through Seller, Seller agreeing to use diligent good faith efforts to arrange any such discussions. Buyer shall not perform any borings or other invasive tests upon the Property without the prior consent of Seller, which shall not be unreasonably withheld, conditioned or delayed. In addition to the cancellation provisions of Section 7(c) below, Buyer shall have the right to terminate this Agreement in the event Seller has not provided written notice to Buyer that the Improvements are substantially complete prior to April 15, 2012, whereupon the Xxxxxxx Money Deposit shall be paid immediately by Escrow Agent to Buyer and, except as otherwise provided in this Agreement, neither of the Parties shall have any further liability or obligation under this Agreement.
The Study Period. As to any particular Premises, 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) related to such Premises; (iii) that day which is ten (10) days after 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 each of the Premises, including, without limitation, Buyer's right to: (x) review and approve each Survey, each Lease, Seller's operating statements with respect to each of the Premises, and the Contracts; (y) meet and confer with Tenant; and, (z) obtain, review and approve an environmental study of each of the Premises (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 the later of 5:00 p.m. MST on the thirtieth (30th) day after the Opening of Escrow (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 each of the Properties, including, without limitation, Buyer’s right to: (i) review and approve each Survey, each Lease, Seller’s operating statements with respect to each of the Properties, and the Contracts; (ii) meet and confer with Tenant; and, (iii) obtain, review and approve an environmental study of each of the Properties (collectively, “Buyer’s Diligence”).
The Study Period. Buyer 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 review the Property Documents (as defined below) and to conduct and/or approve any investigations, studies or tests deemed necessary by Buyer to determine the feasibility of acquiring and developing the Property, including, but not limited to, environmental studies (collectively, the "Studies"; each a "Study"). Buyer agrees to immediately provide a copy of each Study to Seller, including, but not limited to, a copy of any environmental assessment report of the Property. Seller hereby grants to Buyer and Buyer's agents, employees or contractors the right to enter upon the Property during the Study Period to conduct the Studies during normal business hours, after reasonable notice. In consideration of Seller granting Buyer the right of entry to the Property, Buyer shall and does hereby agree to hold harmless Seller and Seller's agents, employees and partners and such partners' respective partners, trustees, beneficiaries, employees and agents (collectively, the "Indemnified Parties"; each an "Indemnified Party") for, from and against any and all liabilities, claims, losses or damages, including, but not limited to, court costs and attorneys' fees, which may be incurred by an Indemnified Party because of the Studies and to restore the Property to the condition existing immediately prior to any such Study. Buyer's obligations as provided in the preceding sentence shall survive the cancellation of this Agreement and the Close of Escrow, as applicable. If 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 5:00 p.m. MST on the forty-fifth (45th) day after the Opening of Escrow (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, review Seller’s operating statements with respect to the Property, and review the Contracts; and (ii) obtain, review and approve an environmental study of the Real Property and Building (collectively, “Buyer’s Diligence”).
The Study Period. Buyer shall have until 6:00 p.m. (PDST) on the thirtieth (30th) day after the later of the Opening of Escrow or Buyer’s receipt 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 and to determine the feasibility of acquiring the Property (collectively, “Buyer’s Diligence”).
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 Properties, including, without limitation, Buyer’s right to: (i) review and approve each Survey, each Lease, Seller’s operating statements with respect to each Property, and the Contracts; (ii) meet and confer with each Tenant; and, (iii) obtain, review and approve an environmental study of each Property (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 thirty-second (32nd) 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 Properties, including, without limitation, Buyer’s right to: (i) review and approve each Survey, each Lease, Seller’s operating statements with respect to each Property, and the Contracts; (ii) meet and confer with Tenant; and, (iii) obtain, review and approve an environmental study of each Property (collectively, “Buyer’s Diligence”). Under no circumstances shall Buyer contact or interview Tenant in connection with the potential sale of the Properties to Buyer without previously coordinating such contact or interview with Seller, and Seller shall have the right to have a representative present to participate in such interview. Except as required by law or regulations or in connection with carrying out its obligations hereunder, Buyer shall not make any notifications or disclosures to any governmental authority or any other third party regarding any matter revealed in its inspections of the Properties without Seller’s written permission, which may be withheld in Seller’s sole discretion. To the extent Buyer makes such permitted notifications or disclosures, Buyer shall provide Seller with copies of same.
