Common use of Environmental Testing Clause in Contracts

Environmental Testing. (a) Subject to the conditions set forth herein, Sellers have the right to conduct environmental testing, at their own expense, at any of the Real Property by providing written notice to the Buyer within ninety (90) days after the Closing Date. The Buyer and the Company agree to provide access to said Real Property to Sellers and Sellers' consultants and contractors, and to reasonably cooperate with Sellers and Sellers' consultants, with respect to said environmental testing, including, but not limited to, providing all relevant information to Sellers and their consultants and contractors relating to any potential obstructions that may interfere with environmental testing or cause property damage or personal injury. (b) If Sellers determine that they desire to conduct environmental testing as set forth above, Sellers shall provide written notice to Buyer at least five business days prior to the date Sellers desire to conduct such environmental testing. Sellers' written notice shall include a copy of the proposed sampling plan with respect to each property at which they proposed to conduct testing. The sampling plan shall include, at a minimum, a reasonable approximation of where samples will be collected; the environmental media to be sampled; and the analyses which Sellers proposed to perform on said samples. (c) Prior to being allowed access to the Real Property, Sellers' consultants or contractors shall provide to Buyer copies of insurance certificates demonstrating that said consultants or contractors have appropriate insurance (in amounts consistent with customary industry standards) to insure against property damage or personal injury claims that may result from the performance of the environmental testing. (d) Sellers agree that they shall be responsible for ensuring that after the completion of environmental testing, their consultants or contractors shall restore the Real Property to its prior condition, including, but not limited to, taking all steps required to properly abandon any monitoring ▇▇▇▇▇ that have been installed in connection with the environmental testing. (e) Sellers agree that they shall promptly provide Buyer with copies of any sampling results and related reports with respect to the environmental testing conducted pursuant to this provision. Sellers also agree that if, as a result of the environmental testing, reporting to a Governmental Authority is required, Sellers shall notify Buyer prior to reporting its findings to said Governmental Authority. (f) Buyer may accompany and monitor the environmental testing performed by Sellers pursuant to this Section 6.13, including, without limitation, retaining, at its own expense, its own consultants, attorneys or other professionals to monitor said environmental testing. In addition, Sellers agree that they will allow Buyer to collect split samples at Buyer's request if it is reasonably practicable given the amount of sample collected in any particular instance.

Environmental Testing. (a) Subject to the conditions set forth herein, Sellers Parties have the right to conduct environmental testing, at their own expense, at any of the Real Property by providing written notice to the Buyer Parties within ninety (90) days after the Closing Date. The Buyer and the Company Parties agree to provide access to said Real Property to Sellers Seller Parties and SellersSeller Parties' consultants and contractors, and to reasonably cooperate with Sellers Seller Parties and SellersSeller Parties' consultants, with respect to said environmental testing, including, but not limited tolimited, providing all relevant information to Sellers Seller Parties and their consultants and contractors relating to any potential obstructions that may interfere with environmental testing or cause property damage or personal injury. (b) If Sellers Seller Parties determine that they desire to conduct environmental testing as set forth above, Sellers Seller Parties shall provide written notice to Buyer Parties at least five business days prior to the date Sellers Seller Parties desire to conduct such environmental testing. SellersSeller Parties' written notice shall include a copy of the proposed sampling plan with respect to each property at which they proposed to conduct testing. The sampling plan shall include, at a minimum, a reasonable approximation of where samples will be collected; the environmental media to be sampled; and the analyses which Sellers Seller Parties proposed to perform on said samples. (c) Prior to being allowed access to the Real Property, SellersSeller Parties' consultants or contractors shall provide to Buyer Parties copies of insurance certificates demonstrating that said consultants or contractors have appropriate insurance (in amounts consistent with customary industry standards) to insure against property damage or personal injury claims that may result from the performance of the environmental testing. (d) Sellers Seller Parties agree that they shall be responsible for ensuring that after the completion of environmental testing, their consultants or contractors shall restore the Real Property to its prior condition, including, but not limited to, taking all steps required to properly abandon any monitoring ▇▇▇▇▇ that have been installed in connection with the environmental testing. (e) Sellers Seller Parties agree that they shall promptly provide Buyer Parties with copies of any sampling results and related reports with respect to the environmental testing conducted pursuant to this provision. Sellers Seller Parties also agree that if, as a result of the environmental testing, reporting to a Governmental Authority is required, Sellers Seller Parties shall notify Buyer Parties prior to reporting its findings to said Governmental Authority. (f) Buyer Parties may accompany and monitor the environmental testing performed by Sellers Seller Parties pursuant to this Section 6.136.9, including, without limitation, retaining, at its own expense, its own consultants, attorneys or other professionals to monitor said environmental testing. In addition, Sellers Seller Parties agree that they will allow Buyer Parties to collect split samples at Buyer's Buyer Parties' request if it is reasonably practicable given the amount of sample collected in any particular instance.

Environmental Testing. (a) Subject to the conditions set forth herein, Sellers Parties have the right to conduct environmental testing, at their own expense, at any of the Real Property by providing written notice to the Buyer Parties within ninety (90) days after the Closing Date. The Buyer and the Company Parties agree to provide access to said Real Property to Sellers Seller Parties and SellersSeller Parties' consultants and contractors, and to reasonably cooperate with Sellers Seller Parties and SellersSeller Parties' consultants, with respect to said environmental testing, including, but not limited tolimited, providing all relevant information to Sellers Seller Parties and their consultants and contractors relating to any potential obstructions that may interfere with environmental testing or cause property damage or personal injury.. 38 <PAGE> (b) If Sellers Seller Parties determine that they desire to conduct environmental testing as set forth above, Sellers Seller Parties shall provide written notice to Buyer Parties at least five business days prior to the date Sellers Seller Parties desire to conduct such environmental testing. SellersSeller Parties' written notice shall include a copy of the proposed sampling plan with respect to each property at which they proposed to conduct testing. The sampling plan shall include, at a minimum, a reasonable approximation of where samples will be collected; the environmental media to be sampled; and the analyses which Sellers Seller Parties proposed to perform on said samples. (c) Prior to being allowed access to the Real Property, SellersSeller Parties' consultants or contractors shall provide to Buyer Parties copies of insurance certificates demonstrating that said consultants or contractors have appropriate insurance (in amounts consistent with customary industry standards) to insure against property damage or personal injury claims that may result from the performance of the environmental testing. (d) Sellers Seller Parties agree that they shall be responsible for ensuring that after the completion of environmental testing, their consultants or contractors shall restore the Real Property to its prior condition, including, but not limited to, taking all steps required to properly abandon any monitoring ▇▇▇▇▇ that have been installed in connection with the environmental testing. (e) Sellers Seller Parties agree that they shall promptly provide Buyer Parties with copies of any sampling results and related reports with respect to the environmental testing conducted pursuant to this provision. Sellers Seller Parties also agree that if, as a result of the environmental testing, reporting to a Governmental Authority is required, Sellers Seller Parties shall notify Buyer Parties prior to reporting its findings to said Governmental Authority. (f) Buyer Parties may accompany and monitor the environmental testing performed by Sellers Seller Parties pursuant to this Section 6.136.9, including, without limitation, retaining, at its own expense, its own consultants, attorneys or other professionals to monitor said environmental testing. In addition, Sellers Seller Parties agree that they will allow Buyer Parties to collect split samples at Buyer's Buyer Parties' request if it is reasonably practicable given the amount of sample collected in any particular instance.. ARTICLE VII