Physical Condition of Site. Developer shall approve or disapprove of the physical condition of the Site within Developer’s Due Diligence Period. Developer’s approval of the physical condition of the Site shall be both an Agency’s and a Developer’s Condition Precedent to the Closing. If Developer, based upon Developer’s Soils and Engineering Reports, disapproves of the physical condition of the Site, then Developer may, in Developer’s sole discretion, terminate the Escrow and this Agreement by written Notice to Agency.
Appears in 2 contracts
Sources: Disposition and Development Agreement, Disposition and Development Agreement