Developer’s Due Diligence Clause Samples

The Developer’s Due Diligence clause requires the developer to thoroughly investigate and assess all relevant aspects of a project before proceeding. This typically involves reviewing legal, financial, technical, and regulatory information to identify any potential risks or issues that could impact the project’s success. By mandating this process, the clause helps ensure that the developer is fully informed and prepared, thereby reducing the likelihood of unforeseen problems and allocating responsibility for pre-project investigation.
POPULAR SAMPLE Copied 2 times
Developer’s Due Diligence. During the Term of this Agreement, Developer shall have the right to examine, inspect and investigate the City and Agency Sites and to determine whether the City and Agency Sites are acceptable to Developer, which right of Developer is subject to and conditioned upon the terms and provisions of a Right of Entry Agreement, the form of which will be the one most currently used by the City or Agency at the time of required entry.
View Source
Developer’s Due Diligence. During the period commencing with the Effective Date until the Lease Execution Date, Developer must, at Developer's sole cost and expense, investigate the developmental and use potential of the Premises, and approve any conditions associated therewith, as Developer will deem necessary to satisfy itself that the Project may be developed in an economically feasible manner, and will have inspected the Project Area and Premises and investigated the development cost and potential thereof and satisfied itself, in Developer's sole discretion, that all physical and legal aspects of the Project Area and Premises are acceptable to Developer, including without limitation, size, soils condition, flood and earthquake fault locations, improvement costs (both on-site and off-site), development entitlements, availability of utilities, and the Project Area and Premises otherwise meets Developer's development and use criteria and may be developed in an economically feasible manner. In the event prior to the Lease Execution Date, Developer determines any aspect of the Project Area or Premises to be unacceptable to Developer, Developer may terminate this Agreement by giving written notice to NPS.
View SourceView Similar (3)
Developer’s Due Diligence a. The Developer shall have the right, for a six (6) month period commencing upon the effective date of Town Meeting Approval (the “Due Diligence Period”), which Due Diligence Period shall be extended on a day-for-day basis for each day that Developer is unable to access the entire Property, if and to the extent reasonably necessary for such inspections, due to the MBTA’s occupancy of any portion thereof after May 31, 2021, to conduct and perform diligence inspections on the Property at its sole cost and expense, including visual inspections, building condition assessments, land surveys, environmental, engineering, and architectural assessments, and similar on-site investigation and testing of the surface and subsurface of the Property desired by the Developer related to the Project (collectively, the “Inspections”). b. The Town has delivered to the Developer certain reports, agreements, and other information relating to the Property, copies of which are attached hereto as Exhibit D (the “Property Information”). The Town makes no representation or warranty of any kind, nature or description whatsoever with respect to the completeness or accuracy of the information contained in the Property Information. c. If the Developer, acting in good faith, discovers during the Inspections any new or different conditions that are significant and material that were not disclosed in the Property Information or in the RFP, the Developer may, prior to the expiration of the Due Diligence Period, serve written notice upon the Town, which notice shall provide a detailed description of the basis for the Developer’s objections (the “Objections”). d. Within thirty (30) days after receipt of notice of the Developer’s Objections, the Town shall notify the Developer in writing of its election to either: (i) resolve all items identified in the Developer’s Objections; or (ii) seek to enter into a mutually agreeable resolution of the Developer’s Objections with the Developer. If the Town, by written notice to the Developer, refuses to resolve all of the items identified in the Developer’s Objections or if the Parties are unable to enter into a mutually agreeable resolution within thirty (30) days after the Town’s notice to the Developer, then the Developer shall have the election either to waive the unresolved items set forth in the Developer’s Objections and proceed with the transaction hereunder, or terminate this Agreement, in which event the Deposit shall be returned to the Develo...
View Source
Developer’s Due Diligence. Prior to the Closing, Developer shall have independently investigated all issues with respect to the Property which Developer deems necessary or desirable to determine the suitability of the Property for development in its intended use. The representations and warranties set forth in this Article 7 shall survive for a period of three (3) years following the Closing.
View Source
Developer’s Due Diligence 
View Source

Related to Developer’s Due Diligence

  • Buyer’s Due Diligence Prior to Closing, Buyer shall have the right to perform due diligence at the property, including without limitation commissioning an appraisal of the Property, a survey, and a property condition assessment. Buyer may obtain a survey of the Property before the Closing to assure that there are no defects, encroachments, overlaps, boundary line or acreage disputes, or other such matters, that would be disclosed by a survey ("Survey Problems"). The cost of the survey, appraisal and property condition assessment shall be paid by the Buyer. Not later than , Buyer shall notify Seller of any Survey Problems, and any such Survey Problem which shall prevent the issuance of title clear of any encroachment shall be deemed a defect in the title to the Property. Seller shall be required to remedy any such defects within days prior to the Closing. If Seller is unwilling or unable to remedy any such defects, Buyer shall have the right to cancel this Agreement, in which event Buyer shall receive a full refund of the Deposit.

  • Due Diligence During the term of this Agreement, the Company will reasonably cooperate with any reasonable due diligence review conducted by the Agent in connection with the transactions contemplated hereby, including, without limitation, providing information and making available documents and senior corporate officers, during normal business hours and at the Company’s principal offices, as the Agent may reasonably request from time to time.

  • Development Diligence Pfizer will use its Commercially Reasonable Efforts to Develop and seek Regulatory Approval for one Product in the Field in [***]. Pfizer will have no other diligence obligations with respect to the Development or Regulatory Approval of Products under this Agreement.

  • Due Diligence Investigation Pubco shall be reasonably satisfied with the results of its due diligence investigation of the Company in its sole and absolute discretion.

  • ACCESS AND COOPERATION; DUE DILIGENCE (i) Between the date of this Agreement and the Closing Date, the COMPANY will afford to the officers and authorized representatives of URSI and the Founding Companies other than the COMPANY access to all of the COMPANY's (including the COMPANY's Subsidiaries) key employees, sites, properties, books and records and will furnish URSI with such additional financial and operating data and other information as to the business and properties of the COMPANY (including the COMPANY's Subsidiaries) as URSI or the Founding Companies other than the COMPANY may from time to time reasonably request. The COMPANY will cooperate with URSI and the Founding Companies other than the COMPANY, its representatives, auditors and counsel in the preparation of any documents or other material which may be required in connection with any documents or materials required by this Agreement. URSI, the STOCKHOLDERS and the COMPANY will treat all information obtained in connection with the negotiation and performance of this Agreement or the due diligence investigations conducted with respect to the Founding Companies other than the COMPANY as confidential in accordance with the provisions of Section 14 hereof. In addition, URSI will cause each of the Founding Companies other than the COMPANY to enter into a provision similar to this Section 7.1 requiring each such Founding Company to keep confidential any information obtained by such Founding Company. (ii) Between the date of this Agreement and the Closing Date, URSI will afford to the officers and authorized representatives of the COMPANY access to all of URSI's sites, properties, books and records and will furnish the COMPANY with such additional financial and operating data and other information as to the business and properties of URSI as the COMPANY may from time to time reasonably request. URSI will cooperate with the COMPANY, its representatives, engineers, auditors and counsel in the preparation of any documents or other material which may be required in connection with any documents or materials required by this Agreement. The COMPANY will cause all information obtained in connection with the negotiation and performance of this Agreement to be treated as confidential in accordance with the provisions of Section 14 hereof.