Right to Evaluate Sample Clauses
POPULAR SAMPLE Copied 3 times
Right to Evaluate. Commencing on the Effective Date and continuing until 11:59 p.m. Pacific time on Tuesday, August 10, 2010 (the “Feasibility Period”), Purchaser and its agents shall have the right during business hours (with reasonable advance notice to Seller and subject to the rights of the tenants in possession), at Purchaser’s sole cost and expense and at Purchaser’s and its agents’ sole risk, to perform inspections and tests of the Property and to perform such other analyses, inquiries and investigations as Purchaser shall deem necessary or appropriate; provided, however, that in no event shall (i) such inspections or tests unreasonably disrupt or disturb the on-going operation of the Property or the rights of the tenants at the Property, or (ii) Purchaser or its agents or representatives conduct any physical testing, drilling, boring, sampling or removal of, on or through the surface of the Property (or any part or portion thereof) including, without limitation, any ground borings or invasive testing of the Improvements (collectively, “Physical Testing”), without Seller’s prior written consent, which consent may be given or withheld in Seller’s sole and absolute discretion. In the event Purchaser desires to conduct any such Physical Testing of the Property, then Purchaser shall submit to Seller, for Seller’s approval, a written detailed description of the scope and extent of the proposed Physical Testing, which approval may be given or withheld in Seller’s sole and absolute discretion. If Seller does not approve the Physical Testing or approves only a portion thereof, Purchaser may, at its option, by sending written notice to Seller, elect to, either (i) terminate this Agreement or (ii) conduct during the Feasibility Period that portion of the Physical Testing approved by Seller, if any, or if Seller disapproves the entire proposed Physical Testing, affirmatively agree to forego any Physical Testing of the Property. In the event Purchaser terminates this Agreement as aforesaid, the Deposit shall be immediately refunded to Purchaser and this Agreement shall terminate and be of no further force and effect other than the Surviving Termination Obligations (as defined in Section 16.12). In no event shall Seller be obligated as a condition of this transaction to perform or pay for any environmental remediation of the Property recommended by any such Physical Testing. After making such tests and inspections, Purchaser agrees to promptly restore the Improvements and surface ...
Right to Evaluate. During the Option Period, Amarin shall have the continuing right to review the Information as Amarin determines is necessary to evaluate its interest in exercising the Option. During the Option Period, Amarin shall use the Information solely for that purpose. Elan shall make the Information available at its expense at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
Right to Evaluate. Commencing on the Effective Date and continuing as long as this Agreement continues in effect, Steadfast shall cause the Property Owners to give to Blackstone and its agents, employees, contractors, representatives, partners, members, directors, officers, advisors (including, without limitation, attorneys, consultants, accountants and financial advisors), insurers and potential sources of capital and prospective limited partners including any related advisors or affiliates of the foregoing and other designees (each a “Blackstone Party” and collectively the “Blackstone Parties”) reasonable access to the Properties (subject to the rights of the Tenants) and the Due Diligence Documents (hereinafter defined) in such Property Owner’s possession, in order to make such inspections, surveys and other tests thereon as are reasonably necessary and customarily conducted in similar transactions; provided, however, Steadfast will have no obligation to deliver or disclose to Blackstone any of Steadfast’s or any Property Owner’s attorney-client privileged materials, appraisals, or internal evaluations of the Properties. For the avoidance of doubt Steadfast and its affiliates shall not constitute Blackstone Parties. Blackstone shall advise Steadfast in writing (which may be delivered via e-mail) at least two (2) business days prior to any Blackstone Party entering any Property to conduct the inspections and tests described above and shall coordinate any such site inspections with Steadfast to minimize disruption of the operation of the Properties. Blackstone shall obtain and maintain, at Blackstone’s sole cost and expense, and upon request prior to entering any Property shall deliver to Steadfast evidence of, commercial general liability insurance in the amount of TWO MILLION AND NO/100 DOLLARS ($2,000,000.00) combined single limit for personal injury and property damage per occurrence, such policy to name Steadfast, each Property Owner, and Existing Lender as an additional insured, which insurance shall provide coverage against claims for personal liability or property damage caused by any Blackstone Party in connection with such inspections and tests. Steadfast shall have the right, in its discretion, to have its agents or representatives accompany each Blackstone Party during any inspection (including, but not limited to, Tenant interviews or meetings with any Governmental Authority).
Right to Evaluate. 1. Administration reserves the right to place an MBU on the evaluation cycle at any time. This provision will not be used in an arbitrary or capricious manner.
2. MBUs placed on the evaluation cycle during deferred years of evaluation will be provided written notification, including the reason(s) the MBU teacher is being evaluated.
Right to Evaluate. The Board of Education or its designee shall have the right to evaluate each non- probationary employee once every two years. If an employee has received a written reprimand for poor work performance, he/she may be evaluated more frequently for a period of up to twelve months from the date of the reprimand.
Right to Evaluate. For a period ending at 10:00 p.m. local time on the date which is twenty (20) days following the delivery by Seller to Purchaser of either the ROEA Waiver Notice (as hereinafter defined) or a copy of the Existing Lender's Consent (as hereinafter defined) (the "Feasibility Period"), Purchaser shall have the right, at its sole cost and expense, to review all property matters, including existing contracts, leases, engineering and environmental reports, development approval agreements, and any other information which Purchaser deems reasonably necessary in order to prudently consummate the transactions contemplated by this Agreement and to meet with the Seller, the Managing Agent and their representatives regarding the Property (the "Due Diligence Review"). It is understood that Purchaser shall have unlimited reasonable access to the Property and all records and other information pertaining thereto in the possession or within the control of Seller and its Managing Agent for the purpose of conducting its investigations. The conduct of Purchaser's Due Diligence Review shall be governed by the terms and provisions contained in that certain letter agreement dated July 24, 1996, between Jones Lang Wootton Realty ▇▇▇▇▇o▇▇ ▇n▇ ▇▇▇▇▇aser (the "Access Agreement").
Right to Evaluate. 7 5.2. Inspection Obligations and Indemnity............................8 5.3. Seller Deliveries...............................................9 5.4. Independent Examination........................................10 5.5.