Common use of Books, Records, Leases, Agreements Clause in Contracts

Books, Records, Leases, Agreements. Seller shall make available for inspection by Buyer and its agents within days (2 days if not filled in) after Mutual Acceptance all documents in Seller’s possession or control relating to the ownership, operation, renovation or development of the Property, excluding appraisals or other statements of value, and including: statements for real estate taxes, assessments, and utilities for the last three years and year to date; property management agreements and any other agreements with professionals or consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-suite schedule of tenants, rents, prepaid rents, deposits and fees; plans, specifications, permits, applications, drawings, surveys, and studies; maintenance records, accounting records and audit reports for the last three years and year to date; and “Vendor Contracts” which shall include maintenance or service contracts, and installments purchase contracts or leases of personal property or fixtures used in connection with the Property. Buyer shall determine within the Feasibility Period: (i) whether Seller will agree to terminate any objectionable Vendor Contracts; and (ii) whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts. Xxxxx’s waiver of the Feasibility Contingency shall be deemed Buyer’s acceptance of all Vendor Contracts which Xxxxxx has not agreed in writing to terminate. Buyer shall be solely responsible for obtaining any required consents to such assumption INITIALS: BUYER DATE: SELLER DATE: BUYER DATE: SELLER DATE: and the payment of any assumption fees. Seller shall cooperate with Xxxxx's efforts to receive any such consents but shall not be required to incur any out-of-pocket expenses or liability in doing so. Seller shall transfer the Vendor Contracts as provided in Section 17.

Books, Records, Leases, Agreements. Seller shall make available for inspection by Buyer and its agents within Within days (2 3 days if not filled in) after Mutual Acceptance Seller shall deliver to Buyer or post in an online database maintained by Seller or Listing Broker, to which Buyer has been given unlimited access, true, correct and complete copies of all documents in Seller’s possession or control relating to the ownership, operation, renovation or development of the Property, excluding appraisals or other statements of value, and includingincluding the following: statements for real estate taxes, assessments, and utilities for the last three years and year to date; property management agreements and any other agreements with professionals or consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-suite schedule of tenants, rents, prepaid rents, deposits and fees; plans, specifications, INITIALS: Buyer Date Seller Date Buyer Date Seller Date COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) permits, applications, drawings, surveys, and studies; maintenance records, accounting records and audit reports for the last three years and year to date; any existing environmental reports; any existing surveys; any existing inspection reports; and “Vendor Contracts” which shall include maintenance or service contracts, and installments purchase contracts or leases of personal property or fixtures used in connection with the Property. Buyer shall determine within by the Feasibility PeriodContingency Date: (i) whether Seller will agree to terminate any objectionable Vendor Contracts; and (ii) whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts. XxxxxBuyer’s waiver of the Feasibility Contingency shall be deemed Buyer’s acceptance of all Vendor Contracts which Xxxxxx has not agreed in writing to terminate. Buyer shall be solely responsible for obtaining any required consents to such assumption INITIALS: BUYER DATE: SELLER DATE: BUYER DATE: SELLER DATE: and the payment of any assumption fees. Seller shall cooperate with Xxxxx's efforts to receive any such consents but shall not be required to incur any out-of-pocket expenses or liability in doing so. Any information provided or to be provided by Seller with respect to the Property is solely for Buyer’s convenience and Seller has not made any independent investigation or verification of such information (other than that the documents are true, correct, and complete, as stated above) and makes no representations as to the accuracy or completeness of such information, except to the extent expressly provided otherwise in this Agreement. Seller shall transfer the Vendor Contracts as provided in Section 1726.

Books, Records, Leases, Agreements. Seller shall make available for inspection by Buyer and its agents within days (2 days if not filled in) after Mutual Acceptance all documents in Seller’s possession or control relating to the ownership, operation, renovation or development of the Property, excluding appraisals or other statements of value, and including: statements for real estate taxes, assessments, and utilities for the last three years and year to date; property management agreements and any other agreements with professionals or consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-by- suite schedule of tenants, rents, prepaid rents, deposits and fees; plans, specifications, permits, applications, drawings, surveys, and studies; maintenance records, accounting records and audit reports for the last three years and year to date; and “Vendor Contracts” which shall include maintenance or service contracts, and installments purchase contracts or leases of personal property or fixtures used in connection with the Property. Buyer shall determine within the Feasibility Period: (i) whether Seller will agree to terminate any objectionable Vendor Contracts; and (ii) whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts. XxxxxBuyer’s waiver of the Feasibility Contingency shall be deemed Buyer’s acceptance of all Vendor Contracts which Xxxxxx Seller has not agreed in writing to terminate. Buyer shall be solely responsible for obtaining any required consents to such assumption INITIALS: BUYER DATE: SELLER DATE: BUYER DATE: SELLER DATE: and the payment of any assumption fees. Seller shall cooperate with Xxxxx's Buyer’s efforts to receive any such consents but shall not be required to incur any out-of-pocket expenses or liability in doing so. Seller shall transfer the Vendor Contracts as provided in Section 17.

Books, Records, Leases, Agreements. Seller shall make available for inspection review by Buyer and its agents within two (2) days after the Effective Date all (i) leases and other occupancy agreements demising space for all or any portion of the Real Property, together with all amendments and modifications thereof and supplements relating 2 days if not filled inCOMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALES AGREEMENT (CONTINUED) after Mutual Acceptance all documents in Seller’s possession or control relating thereto (the "Leases"), and (ii) contracts pertaining to the ownership, operation, renovation ownership or development operation of the Property, excluding appraisals or other statements of value, and including: statements for real estate taxes, assessments, and utilities for the last three years and year to date; property management agreements and any other agreements with professionals or consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-suite schedule of tenants, rents, prepaid rents, deposits and fees; plans, specifications, permits, applications, drawings, surveys, and studies; maintenance records, accounting records and audit reports for the last three years and year to date; and “Vendor Contracts” which shall include maintenance or service contracts, and installments installment purchase contracts or leases of personal property or fixtures used in connection with the Property and contracts associated with the operation of the restaurant business at the Property, but specifically excluding Brewery Contracts (as defined below) (collectively, "Vendor Contracts"). For the avoidance of doubt, Vendor Contracts shall not include any contracts specifically associated with and used in the operation of the commercial brewery business formerly operated on the Property (the "Brewery Contracts"). Buyer shall determine within accept and assume all Leases at the Feasibility Closing. Seller shall, at its option, retain or terminate, or cause to be retained or terminated, all Brewery Contracts at the Closing. With respect to the Vendor Contracts only, on or before the expiration of the Financing Contingency Period: , Buyer shall furnish Seller with a schedule listing those Vendor Contracts that are approved by Buyer and to be assigned by Seller (ito the extent assignable) whether and assumed by Buyer at Closing. In the event Buyer gives Seller will agree to terminate any objectionable notice of disapproval of one or more of the Vendor Contracts; and (ii) whether , Seller will agree shall terminate the same by the Closing, to pay the extent such contracts are terminable without penalty. Failure of Buyer to timely notify Seller of its disapproval of any damages Vendor Contract on or penalties resulting from prior to the termination of objectionable Vendor Contracts. Xxxxx’s waiver expiration of the Feasibility Financing Contingency Period shall be deemed Buyer’s acceptance of all such Vendor Contracts which Xxxxxx has Contract. Notwithstanding anything to the contrary to the foregoing, if any disapproved Vendor Contract is (a) not agreed in writing to terminateterminable or (b) not terminable without penalty, Buyer shall either accept and assume such Vendor Contract or pay the applicable termination penalty thereunder. Buyer shall be solely responsible for obtaining any required consents to such assumption INITIALS: BUYER DATE: SELLER DATE: BUYER DATE: SELLER DATE: of a contract and the payment of any assumption fees. or related fees with respect to any Vendor Contract, provided that Seller shall cooperate with XxxxxBuyer's efforts to receive obtain any such consents but shall not be required to incur any out-of-pocket expenses or liability in doing so. Seller shall transfer all of Seller's interest in the Leases and transferable Vendor Contracts as provided in Section 17.. d.