Common use of 2Due Diligence Items Clause in Contracts

2Due Diligence Items. Seller will deliver to or make available for examination, investigation, inspection by the Buyer Inspectors, promptly after the Effective Date, to the extent such items are within Seller’s possession or control, the following due diligence items (the “Due Diligence Items”): (a) Seller’s existing policy of title insurance, and if available a recent preliminary title report and any other documents or items relating to the state of title to the Property (b) Seller’s existing survey of the Property, if any, and any updated, recertified or new survey obtained by Buyer at its sole cost and expense (the “Survey”); (c) the Leases; (d) copies of all contracts pertaining to the Property (the “Contracts”); (e) a rent roll (the “Rent Roll”) which contains an accurate and complete list of all presently effective Leases and listing each tenant, the monthly base rent payable, lease expiration date, refundable security deposit and any other refundable deposits or prepaid rent paid by such tenant, reflecting any rent due at the time the Rent Roll is prepared, provided, however, Buyer shall comply with any Federal or State requirements to maintain the privacy requirements of tenants’ information contained on Rent Roll; (f) financial statements and operating budgets for the Property including operating statements for the Property for the most recent calendar year, certificates of occupancy and reports on historical and proposed capital expenditures; (g) all other documentation required by Buyer to assess the impact of the sale and purchase of the Property on the Property’s real estate taxes (i.e., assessment); (h) any engineering or environmental reports prepared by or on behalf of Seller, soil boring tests, as-built plans and specifications; (i) to the extent not listed in clauses (a) through (i) above, the documents, information and other materials as set forth in the Due Diligence List attached hereto as Exhibit C; and (j) any other agreements, documents, plans or information, including but not limited to environmental or hazardous material information, in the possession or control of Seller that materially affect the ownership, use or operation of the Property (provided that such information is not privileged or contains Seller’s internal underwriting or financial analysis of the Property). All information provided by Seller to Buyer or obtained by Buyer relating to the Property in the course of Buyer’s review, including, without limitation, any environmental assessment or audit (collectively, the “Reports”) shall be treated as confidential information by Buyer and Buyer shall instruct all Buyer Inspectors as to such information’s confidentiality. Seller acknowledges that Buyer may to apply for financing for the acquisition of the Property from public agencies and that information required by and actually submitted to such agencies, including any Reports, will become public records that will not be subject to any agreement between Buyer and Seller regarding confidentiality.

2Due Diligence Items. Seller will deliver to or make available for examination, investigation, inspection by the Buyer Inspectors, promptly after the Effective Date, to the extent such items are within Seller’s possession or control, the following due diligence items (the “Due Diligence Items”): (a) Seller’s existing policy of title insurance, and if available a recent preliminary title report and any other documents or items relating to the state of title to the Property (b) Seller’s existing survey of the Property, if any, and any updated, recertified or new survey obtained by Buyer at its sole cost and expense Seller (the “Survey”); (c) the Leases; (d) copies of all contracts pertaining to the Property (the “Contracts”); (e) a rent roll rentroll (the “Rent Roll”) which contains an accurate and complete list of all presently effective Leases and listing each tenant, the monthly base rent payable, lease expiration date, refundable security deposit and any other refundable deposits or prepaid rent paid by such tenant, reflecting any rent due at the time the Rent Roll is prepared, provided, however, Buyer shall comply with any Federal or State requirements to maintain the privacy requirements of tenants’ information contained on Rent Roll; (f) financial statements and operating budgets for the Property including operating statements for the Property for the most recent calendar year, certificates of occupancy and reports on historical and proposed capital expenditures; (g) all any engineering or environmental reports prepared by or on behalf of Seller, soil boring tests, as-built plans and specifications; (h) to the extent not listed in clauses (a) through (g) above, the documents, information and other materials as set forth in the Due Diligence List attached hereto as Exhibit C; (h) documentation required by Buyer to assess the impact of the sale and purchase of the Property on the Property’s real estate taxes (i.e., assessment); (h) any engineering or environmental reports prepared by or on behalf of Seller, soil boring tests, as-built plans and specifications; (i) to the extent not listed in clauses (a) through (i) above, the documents, information and other materials as set forth in the Due Diligence List attached hereto as Exhibit C; and (j) any other agreements, documents, plans information, or informationitems, including but not limited to environmental or hazardous material information, in the possession or control of Seller that materially affect the ownership, use or operation of the Property (provided that as reasonablyrequested by Buyer. Seller shall exercise good faith, diligent, and commercially reasonable efforts to obtain and disclose all such information is not privileged or contains Seller’s internal underwriting or financial analysis of the Property)requested information. All information provided by Seller to Buyer or obtained by Buyer relating to the Property in the course of Buyer’s review, including, without limitation, any environmental assessment or audit (collectively, the “Reports”) shall be treated as confidential information by Buyer Xxxxx and Buyer shall instruct all Buyer Inspectors as to such information’s confidentiality. Seller acknowledges that Buyer may to apply for financing for the acquisition of the Property from public agencies and that information required by and actually submitted to such agencies, including any Reports, will become public records that will not be subject to any agreement between Buyer and Seller regarding confidentialityxxxxxxxxxxxxxxx.Xx no event, however, shall such financing be a condition to Buyer’s obligation to close hereunder.

2Due Diligence Items. Seller will deliver to or make available for examination, investigation, inspection by the Buyer Inspectors, promptly after the Effective Date, to the extent such items are within Seller’s possession or control, the following due diligence items (the “Due Diligence Items”): (a) Seller’s existing policy of title insurance, and if available a recent preliminary title report and any other documents or items relating to the state of title to the Property (b) Seller’s existing survey of the Property, if any, and any updated, recertified or new survey obtained by Buyer at its sole cost and expense Seller (the “Survey”); (c) the Leases; (d) copies of all contracts pertaining to the Property (the “Contracts”); (e) a rent roll (the “Rent Roll”) which contains an accurate and complete list of all presently effective Leases and listing each tenant, the monthly base rent payable, lease expiration date, refundable security deposit and any other refundable deposits or prepaid rent paid by such tenant, reflecting any rent due at the time the Rent Roll is prepared, provided, however, Buyer shall comply with any Federal or State requirements to maintain the privacy requirements of tenants’ information contained on Rent Roll; (f) financial statements and operating budgets for the Property including operating statements for the Property for the most recent calendar year, certificates of occupancy and reports on historical and proposed capital expenditures; (g) all any engineering or environmental reports prepared by or on behalf of Seller, soil boring tests, as-built plans and specifications; (h) to the extent not listed in clauses (a) through (g) above, the documents, information and other materials as set forth in the Due Diligence List attached hereto as Exhibit C; (h) documentation required by Buyer to assess the impact of the sale and purchase of the Property on the Property’s real estate taxes (i.e., assessment); (h) any engineering or environmental reports prepared by or on behalf of Seller, soil boring tests, as-built plans and specifications; (i) to the extent not listed in clauses (a) through (i) above, the documents, information and other materials as set forth in the Due Diligence List attached hereto as Exhibit C; and (j) any other agreements, documents, plans information, or informationitems, including but not limited to environmental or hazardous material information, in the possession or control of Seller that materially affect the ownership, use or operation of the Property (provided that as reasonably requested by Xxxxx. Seller shall exercise good faith, diligent, and commercially reasonable efforts to obtain and disclose all such information is not privileged or contains Seller’s internal underwriting or financial analysis of the Property)requested information. All information provided by Seller to Buyer or obtained by Buyer relating to the Property in the course of Buyer’s review, including, without limitation, any environmental assessment or audit (collectively, the “Reports”) shall be treated as confidential information by Buyer Xxxxx and Buyer shall instruct all Buyer Inspectors as to such information’s confidentiality. Seller acknowledges that Buyer may to apply for financing for the acquisition of the Property from public agencies and that information required by and actually submitted to such agencies, including any Reports, will become public records that will not be subject to any agreement between Buyer and Seller regarding confidentiality. In no event, however, shall such financing be a condition to Xxxxx’s obligation to close hereunder.

2Due Diligence Items. Seller will deliver to or make available for examination, investigation, inspection by the Buyer Inspectors, promptly after the Effective Date, to the extent such items are within Seller’s possession or control, the following due diligence items (the “Due Diligence Items”): (a) Seller’s existing policy of title insurance, and if available a recent preliminary title report and any other documents or items relating to the state of title to the Property (b) Seller’s existing survey of the Property, if any, and any updated, recertified or new survey obtained by Buyer at its sole cost and expense Seller (the “Survey”); (c) the Leases; (d) copies of all contracts pertaining to the Property (the “Contracts”); (e) a rent roll rentroll (the “Rent Roll”) which contains an accurate and complete list of all presently effective Leases and listing each tenant, the monthly base rent payable, lease expiration date, refundable security deposit and any other refundable deposits or prepaid rent paid by such tenant, reflecting any rent due at the time the Rent Roll is prepared, provided, however, Buyer shall comply with any Federal or State requirements to maintain the privacy requirements of tenants’ information contained on Rent Roll; (f) financial statements and operating budgets for the Property including operating statements for the Property for the most recent calendar year, certificates of occupancy and reports on historical and proposed capital expenditures; (g) all any engineering or environmental reports prepared by or on behalf of Seller, soil boring tests, as-built plans and specifications; (h) to the extent not listed in clauses (a) through (g) above, the documents, information and other materials as set forth in the Due Diligence List attached hereto as Exhibit C; (h) documentation required by Buyer to assess the impact of the sale and purchase of the Property on the Property’s real estate taxes (i.e., assessment); (h) any engineering or environmental reports prepared by or on behalf of Seller, soil boring tests, as-built plans and specifications; (i) to the extent not listed in clauses (a) through (i) above, the documents, information and other materials as set forth in the Due Diligence List attached hereto as Exhibit C; and (j) any other agreements, documents, plans information, or informationitems, including but not limited to environmental or hazardous material information, in the possession or control of Seller that materially affect the ownership, use or operation of the Property (provided that as reasonablyrequested by Buyer. Seller shall exercise good faith, diligent, and commercially reasonable efforts to obtain and disclose all such information is not privileged or contains Seller’s internal underwriting or financial analysis of the Property)requested information. All information provided by Seller to Buyer or obtained by Buyer relating to the Property in the course of Buyer’s review, including, without limitation, any environmental assessment or audit (collectively, the “Reports”) shall be treated as confidential information by Buyer and Buyer shall instruct all Buyer Inspectors as to such information’s confidentiality. Seller acknowledges that Buyer may to apply for financing for the acquisition of the Property from public agencies and that information required by and actually submitted to such agencies, including any Reports, will become public records that will not be subject to any agreement between Buyer and Seller regarding confidentialityxxxxxxxxxxxxxxx.Xx no event, however, shall such financing be a condition to Buyer’s obligation to close hereunder.