Chapter 6 - FORM 6I • BUYER'S INSPECTION

• Jurisdiction: Colorado

FORM 6I • BUYER'S INSPECTION

BUYER'S INSPECTION.

A. Property Information. If not previously delivered or made available to Buyer, Seller shall provide any and all property information requested by Buyer within seven (7) business days after the request (the "Property Information").

B. Basic Project Inspection. During the Inspection Period, Buyer and Buyer's employees, third party consultants, lenders, engineers, accountants and attorneys (collectively, the "Buyer's Representatives") shall be entitled to conduct a "Basic Project Inspection" of the Property, which will include the rights to: (i) enter upon the Land at reasonable times, to perform non-invasive inspections of the Land, (ii) investigate the environmental condition of the Land, and (iii) assess the compliance by the Land with all applicable laws, ordinances, rules and regulations. Buyer shall provide not less than two (2) business days' prior notice (which notice may be by e-mail or telephonic) to Seller before conducting any investigations or activities at the Land. Seller or an agent of Seller shall have the right to accompany Buyer during any activities performed by Buyer at the Property.

C. Invasive Testing. Buyer shall not conduct (or cause to be conducted) any physically invasive investigation, examination or study of the Land (any such investigation, examination or study, an "Invasive Investigation") as part of its Basic Project Inspection or otherwise without obtaining the prior written consent of Seller. In the event Buyer desires to conduct (or cause to be conducted) any Invasive Investigation of the Land, such as sampling of soils, other media, or any other comparable investigation, Buyer will provide a written scope of work to Seller describing exactly what procedures Buyer desires to perform. Seller shall not unreasonably withhold its consent to any Invasive Investigation of the Land. Buyer and Buyer's Representatives shall, in performing its Basic Project Inspection or any Invasive Investigation, comply with the agreed upon procedures and with any and all laws, ordinances, rules, and regulations applicable to any or all of such procedures and the Land. Unless required by applicable law, neither Buyer nor Buyer's Representatives shall report the results of the Basic Project Inspection or any Invasive Investigation to any governmental or quasi-governmental authority under any circumstances without obtaining Seller's express written consent, which consent may be withheld in Seller's...