APPROVAL OF OTHER MATTERS. (a) By 4:00 p.m., Pacific time, on or before the 5th Business Day after the Effective Date, Seller will deliver to Buyer, or allow Buyer reasonable access to, at the Property, at Seller's place of business, or at such other location as Seller may reasonably indicate, during reasonable times agreed upon in advance by Buyer and Seller, copies of the following, expressly subject to such items being in the possession of or reasonably available to Seller or its manager for the Property: (i) a current rent roll and copies of all Leases disclosed thereon; (ii) copies of all Contracts; (iii) a schedule of all Personal Property; (iv) copies of the most recent property tax bills for the Property; (v) operating statements for Seller's fiscal years 1994, 1995 and 1996 and for each calendar month thereafter; (vi) plans and specifications (as-builts, if available) for construction of the Improvements (the "PLANS AND SPECIFICATIONS"); (vii) copies of certificate(s) of occupancy (or equivalent in the applicable jurisdiction), and any governmental licenses and permits regarding the Property; (viii) Seller's general statement of partnership; (ix) security incident reports; (x) a schedule of filed litigation regarding or affecting, directly or indirectly, the Property; and (xi) an aged receivables report current as of the Effective Date; (xii) copies of environmental reports, studies and assessments within Seller's possession or control covering the Property; (xiii) copies of all CC&R's affecting the Property; (xiv) copies of all soil reports and analyses within Seller's possession or control pertaining to the soils, seismological, geological and drainable conditions of the Property; and (xv) copies of construction and equipment warranties within Seller's possession.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pan Pacific Retail Properties Inc)
APPROVAL OF OTHER MATTERS. (a) By 4:00 5:00 p.m., Pacific time, on or before the 5th Business Day after the Effective Date, Seller will deliver to Buyer, or allow Buyer reasonable access to, at the Property, at Seller's place of business, or at such other location as Seller may reasonably indicate, during reasonable times agreed upon in advance by Buyer and Seller, copies of the following, expressly subject to such items being in the possession of or reasonably available to Seller or its manager for the Property:
(i) a current rent roll and copies of all Leases disclosed thereon;
(ii) copies of all Contracts;
(iiiii) a schedule of all Personal Property;
(iviii) copies of the most recent property tax bills for the Property;
(v) operating statements for Seller's fiscal years 1994, 1995 and 1996 and for each calendar month thereafter;
(viiv) plans and specifications (as-builts, if available) for construction of the Improvements (the "PLANS AND SPECIFICATIONSPlans and Specifications");
(viiv) copies of certificate(s) of occupancy (or equivalent in the applicable jurisdiction)occupancy, and any governmental licenses and permits regarding the Property;
(viii) Seller's general statement of partnership;
(ix) security incident reports;
(x) a schedule of filed litigation regarding or affecting, directly or indirectly, the Property; and
(xi) an aged receivables report current as of the Effective Date;
(xiivi) copies of environmental reports, studies and assessments within Seller's possession or control covering the Property;
(xiii) copies of all CC&R's affecting the Property;
(xivvii) copies of all soil reports and analyses within Seller's possession or control pertaining to the soils, seismological, geological and drainable conditions of the Property; and;
(xvviii) copies of construction and equipment warranties within Seller's possession; and
(ix) all other material, non-proprietary materials, reports and information relevant to the Property.
(b) On or before the expiration of the Inspection Period, Buyer shall notify Seller and Escrow Holder in writing if Buyer objects to any of the matters referred to in subsection (a) above or to Buyer's own inspection of the Property described in Section 5.1 hereof. If Buyer so notifies Escrow Holder of any objection(s), Seller shall have ten (10) calendar days, at Seller's option, to attempt to cure Buyer's objection(s); upon the expiration of such ten (10) day period, Buyer may elect to either rescind its objection(s) or terminate this Agreement.
Appears in 1 contract
APPROVAL OF OTHER MATTERS. (a) By 4:00 5:00 p.m., Pacific time, on or before the 5th third (3rd) Business Day after the Effective Date, Seller will deliver to Buyer, or allow Buyer reasonable access to, at the Property, at Seller's place of business, or at such other location as Seller may reasonably indicate, during reasonable times agreed upon in advance by Buyer and Seller, copies of the following, expressly subject to such items being in the possession of or reasonably available to Seller or its manager for the Property:
(i) a current rent roll and copies of all Leases disclosed thereon, together with all amendments thereto;
(ii) copies of all Contracts;
(iii) a schedule of all Personal Property;
(iv) copies of the most recent property tax bills for the Property;
(v) operating statements for Seller's fiscal years 19941995, 1995 1996 and 1996 1997 and for each calendar month thereafter;
(vi) plans and specifications (as-builts, if available) for construction of the Improvements (the "PLANS AND SPECIFICATIONS");
(vii) copies of certificate(s) of occupancy (or equivalent in the applicable jurisdiction)occupancy, and any governmental licenses and permits regarding the Property;
(viii) Seller's general statement of partnershipfinancial statements for the Tenants;
(ix) security incident reports;
(x) a schedule of filed litigation regarding or affecting, directly or indirectly, the Property; and;
(xix) an aged receivables report current as of the Effective Date;
(xiixi) copies of environmental reports, studies and assessments within Seller's possession or control covering the Property;
(xiiixii) copies of all CC&R's affecting the Property;
(xivxiii) copies of all soil reports and analyses within Seller's possession or control pertaining to the soils, seismological, geological and drainable conditions of the Property; and;
(xvxiv) copies of construction and equipment warranties within Seller's possession;
(xv) a copy of the Ground Leases and all amendments thereto and modifications thereof;
(xvi) 1998 year-to-date operating statements for the Property; and
(xvii) all other material, non-proprietary materials, reports and information relevant to the Property.
(b) On or before the expiration of the Inspection Period, Buyer shall notify Seller and Escrow Holder in writing if Buyer objects to any of the matters referred to above or to Buyer's own inspection of the Property described in Section 5.1 hereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pan Pacific Retail Properties Inc)
APPROVAL OF OTHER MATTERS. (a) By 4:00 p.m., Pacific time, on or before the 5th Business Day after the Effective Date, Seller will deliver has delivered to Buyer, or allow has allowed Buyer reasonable access to, at the Property, at Seller's place of business, or at such other location as Seller may has reasonably indicateindicated, during reasonable times agreed upon in advance by Buyer and Seller, copies of the following, expressly subject to such items being having been in the possession of or reasonably available to Seller or its manager for the Property:
(i) a current rent roll and copies of all Leases disclosed thereon, together with all amendments thereto;
(ii) copies of all Contracts;
(iii) a schedule of all Personal Property;
(iv) copies of the most recent property tax bills for the Property;
(v) operating statements for Seller's fiscal years 19941995, 1995 1996 and 1996 1997 and for each calendar month thereafter;
(vi) plans and specifications (as-builts, if available) for construction of the Improvements (the "PLANS AND SPECIFICATIONS");
(vii) copies of certificate(s) of occupancy (or equivalent in the applicable jurisdiction)occupancy, and any governmental licenses and permits regarding the Property;
(viii) Seller's general statement of partnershipfinancial statements for the Tenants;
(ix) security incident reports;
(x) a schedule of filed litigation regarding or affecting, directly or indirectly, the Property; and;
(xix) an aged receivables report current as of the Effective Date;
(xiixi) copies of environmental reports, studies and assessments within Seller's possession or control covering the Property;
(xiiixii) copies of all CC&R's affecting the Property;
(xivxiii) copies of all soil reports and analyses within Seller's possession or control pertaining to the soils, seismological, geological and drainable conditions of the Property; and;
(xvxiv) copies of construction and equipment warranties within Seller's possession;
(xv) a copy of the Ground Leases and all amendments thereto and modifications thereof;
(xvi) 1998 year-to-date operating statements for the Property; and
(xvii) all other material, non-proprietary materials, reports and information relevant to the Property.
(b) On or before the expiration of the Inspection Period, Buyer has notified Seller and Escrow Holder in writing of Buyer's objections, if any, to any of the matters referred to above or to Buyer's own inspection of the Property described in Section 5.1 hereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pan Pacific Retail Properties Inc)
APPROVAL OF OTHER MATTERS. (a) By 4:00 5:00 p.m., Pacific time, on or before the 5th third (3rd) Business Day after the Effective Date, Seller Contributors will deliver to Buyerthe Company, or allow Buyer the Company reasonable access to, at the Property, at Seller's Contributors' place of business, or at such other location as Seller Contributors may reasonably indicate, during reasonable times agreed upon in advance by Buyer the Company and SellerContributors, copies of the following, expressly subject to such items being in the possession of or reasonably available to Seller Contributors or its their manager for the Property:
(i) a current rent roll and copies of all Leases disclosed thereon, together with all amendments thereto;
(ii) copies of all Contracts;
(iii) a schedule of all Personal Property;
(iv) copies of the most recent property tax bills for the Property;
(v) operating statements for Sellerthe LLC's fiscal years 19941995, 1995 1996 and 1996 1997 and for each calendar month thereafter;
(vi) plans and specifications (as-builts, if available) for construction of the Improvements (the "PLANS AND SPECIFICATIONS");
(vii) copies of certificate(s) of occupancy (or equivalent in the applicable jurisdiction)occupancy, and any governmental licenses and permits regarding the Property;
(viii) Seller's general statement of partnershipfinancial statements for the Tenants;
(ix) security incident reports;
(x) a schedule of filed litigation regarding or affecting, directly or indirectly, the Property; and;
(xix) an aged receivables report current as of the Effective Date;
(xiixi) copies of environmental reports, studies and assessments within Seller's Contributors' possession or control covering the Property;
(xiiixii) copies of all CC&R's affecting the Property;
(xivxiii) copies of all soil reports and analyses within Seller's Contributors' possession or control pertaining to the soils, seismological, geological and drainable conditions of the Property; and;
(xvxiv) copies of construction and equipment warranties within SellerContributors' possession;
(xv) 1998 year-to-date operating statements for the Property; and
(xvi) all other material, non-proprietary materials, reports and information relevant to the Property.
(b) On or before the expiration of the Inspection Period, the Company shall notify Contributors and Escrow Holder in writing if the Company objects to any of the matters referred to above or to the Company's possessionown inspection of the Property described in Section 5.1 hereof.
Appears in 1 contract
Samples: Contribution Agreement (Pan Pacific Retail Properties Inc)
APPROVAL OF OTHER MATTERS. (a) By 4:00 5:00 p.m., Pacific time, on or before the 5th third (3rd) Business Day after the Effective Date, Seller Contributor will deliver to BuyerCompany, or allow Buyer Company reasonable access to, at the Property, at SellerContributor's place of business, or at such other location as Seller Contributor may reasonably indicate, during reasonable times agreed upon in advance by Buyer Company and SellerContributor, copies of the following, expressly subject to such items being in the possession of or reasonably available to Seller Contributor or its manager for the Property:
(i) a current rent roll and copies of all Leases disclosed thereon, together with all amendments thereto;
(ii) copies of all Contracts;
(iii) a schedule of all Personal Property;
(iv) copies of the most recent property tax bills for the Property;
(v) operating statements for SellerContributor's fiscal years 19941997, 1995 1998 and 1996 and for each calendar month thereafter1999 year to date;
(vi) plans and specifications (as-builts, if available) for construction of the Improvements (the "PLANS AND SPECIFICATIONS");
(vii) copies of certificate(s) of occupancy (or equivalent in the applicable jurisdiction)occupancy, and any governmental licenses and permits regarding the Property;
(viii) Seller's general statement of partnershipfinancial statements for the Tenants;
(ix) security incident reports;
(x) a schedule of filed litigation regarding or affecting, directly or indirectly, the Property; and;
(xix) an aged receivables report current as of the Effective Date;
(xiixi) copies of environmental reports, studies and assessments within SellerContributor's possession or control covering the Property;
(xiiixii) copies of all CC&R's affecting the Property;
(xivxiii) copies of all soil reports and analyses within SellerContributor's possession or control pertaining to the soils, seismological, geological and drainable conditions of the Property; and;
(xvxiv) copies of construction and equipment warranties within SellerContributor's possession.; and
Appears in 1 contract
Samples: Contribution Agreement (Pan Pacific Retail Properties Inc)
APPROVAL OF OTHER MATTERS. (a) By 4:00 5:00 p.m., Pacific time, on or before the 5th third (3rd) Business Day after the Effective Date, Seller Contributors will deliver to Buyerthe Company, or allow Buyer the Company reasonable access to, at the Property, at Seller's Contributors' place of business, or at such other location as Seller Contributors may reasonably indicate, during reasonable times agreed upon in advance by Buyer the Company and SellerContributors, copies of the following, expressly subject to such items being in the possession of or reasonably available to Seller Contributors or its their manager for the Property:
(i) a current rent roll and copies of all Leases disclosed thereon, together with all amendments thereto;
(ii) copies of all Contracts;
(iii) a schedule of all Personal Property;
(iv) copies of the most recent property tax bills for the Property;
(v) operating statements for Sellerthe LLC's fiscal years 19941995, 1995 1996 and 1996 1997 and for each calendar month thereafter;
(vi) plans and specifications (as-builts, if available) for construction of the Improvements (the "PLANS AND SPECIFICATIONS");
(vii) copies of certificate(s) of occupancy (or equivalent in the applicable jurisdiction)occupancy, and any governmental licenses and permits regarding the Property;
(viii) Seller's general statement of partnershipfinancial statements for the Tenants;
(ix) security incident reports;
(x) a schedule of filed litigation regarding or affecting, directly or indirectly, the Property; and;
(xix) an aged receivables report current as of the Effective Date;
(xiixi) copies of environmental reports, studies and assessments within Seller's Contributors' possession or control covering the Property;
(xiiixii) copies of all CC&R's affecting the Property;
(xivxiii) copies of all soil reports and analyses within Seller's Contributors' possession or control pertaining to the soils, seismological, geological and drainable conditions of the Property; and;
(xvxiv) copies of construction and equipment warranties within Seller's Contributors' possession.;
Appears in 1 contract
Samples: Contribution Agreement (Pan Pacific Retail Properties Inc)