Xxxxxx’s Phase 2 Sample Clauses

Xxxxxx’s Phase 2. Seller will use commercially reasonable efforts to cause its lender (“Lender”) to do a Phase 2 environmental site assessment of the Real Property within thirty (30) days after the Effective Date in a manner which is generally consistent with Exhibit I attached hereto (the “Lender’s Phase 2”) and to deliver a copy of the report of Xxxxxx’s Phase 2 to Purchaser promptly thereafter. Notwithstanding anything herein to the contrary, Purchaser shall not perform any of its permitted Phase 2 Environmental Assessment of the Real Property prior to the earlier of the date Purchaser notifies Seller of Purchaser’s receipt of the report of the Lender’s Phase 2 or ten (10) days after the Effective Date. If Purchaser is satisfied with the scope and final report of the Lender’s Phase 2 and requests that Seller do so in order to attempt to avoid the cost of conducting its own phase II investigation of the Property, Seller will use commercially reasonable efforts to obtain a reliance letter from the Lender’s Phase 2 contractor providing in form acceptable to Purchaser that Purchaser may rely on the Lender’s Phase 2 Report as if it had been co-addressed to Lender and Purchaser, but the cost of such reliance letter will be paid for by Purchaser when payment is required by the issuing contractor (if it agrees to the reliance letter in the first instance)..