Common use of Surveying and Testing Clause in Contracts

Surveying and Testing. EDC shall permit Developer and its Associates to enter the Property for purposes of site investigation and testing, in the manner and subject to the limitations set forth in SECTION 5.1 of the Development Agreement. Developer shall have sixty (60) days (the "Due Diligence Period") commencing on the date the last of the following occurs: (i) the City and EDC deliver the cost estimates set forth on Schedule A, as referred to in SECTION 2.18 of the Development Agreement ("Schedule A"), together with all reports, analyses, and other material relied upon by City and EDC in developing Schedule A (the "Supporting Material"), including, without limitation, appraisals, estimates of relocation payments and other costs included in Feehold Compensation (other than information which the City is restricted from disclosing pursuant to Section 5(2) of the Uniform Condemnation Procedures Act, MCL 213.55(2)), Phase I and Phase II environmental site assessments, laboratory analysis, reports, estimates of the cost of environmental Response activity and underlying assumptions and calculations, geotechnical reports, estimates of the cost of Infrastructure Improvements and underlying assumptions and calculations, and (ii) the City and EDC deliver the Commitment and the Survey in order to: (x) satisfy itself as to the physical condition of the Property and title thereto, or (y) determine the feasibility of the issuance of an Administrative Order By Consent And Covenant Not To ▇▇▇ in favor of the City, EDC, Developer and the Other Land-Based Casino Developers, or (z) determine the feasibility of Developer and the Other Land-Based Casino Developers preparing an acceptable baseline environmental assessment; provided, in any event, the City shall not be obligated to acquire any portion of the Property until the Due Diligence Period has expired. 6. EXHIBIT 1.1(a)(42) (Conveyance Agreement), Paragraph 3.04 is hereby amended by deleting the existing language in such paragraph and substituting the following in its place:

Surveying and Testing. EDC shall permit Developer and its Associates --------------------- to enter the Property for purposes of site investigation and testing, in the manner and subject to the limitations set forth in SECTION Section 5.1 ----------- of the Development Agreement. Developer shall have sixty (60) days (the "Due Diligence Period") commencing on the date the last of the following occurs: (i) the City and EDC deliver the cost estimates set forth on Schedule A, as referred to in SECTION Section 2.18 of the Development ------------ Agreement ("Schedule A"), together with all reports, analyses, and other material relied upon by City and EDC in developing Schedule A (the "Supporting Material"), including, without limitation, appraisals, estimates of relocation payments and other costs included in Feehold Compensation (other than information which the City is restricted from disclosing pursuant to Section 5(2) of the Uniform Condemnation Procedures Act, MCL 213.55(2)), Phase I and Phase II environmental site assessments, laboratory analysis, reports, estimates of the cost of environmental Response activity and underlying assumptions and calculations, geotechnical reports, estimates of the cost of Infrastructure Improvements and underlying assumptions and calculations, and (ii) the City and EDC deliver the Commitment and the Survey in order to: (x) satisfy itself as to the physical condition of the Property and title thereto, or (y) determine the feasibility of the issuance of an Administrative Order By Consent And Covenant Not To ▇▇▇ in favor of the City, EDC, Developer and the Other Land-Based Casino Developers, or (z) determine the feasibility of Developer and the Other Land-Based Casino Developers preparing an acceptable baseline environmental assessment; provided, in any event, the City shall not be obligated to acquire any portion of the Property until the Due Diligence Period has expired. 6. EXHIBIT Exhibit 1.1(a)(42) (Conveyance Agreement), Paragraph 3.04 is hereby amended ------------------ by deleting the existing language in such paragraph and substituting the following in its place: