Common use of Buyer’s Due Diligence Reports Clause in Contracts

Buyer’s Due Diligence Reports. In the event the transaction contemplated by this Agreement is not closed for any reason whatsoever, the Seller may elect to have the Buyer deliver to the Seller originals or copies of all third party reports, documents, studies, analyses, and other written information obtained by the Buyer with respect to the Property, including results of physical inspections, engineering studies, engineering drawings and specifications, surveys, Hazardous Materials reports, soil tests, site plans, feasibility studies, market studies, property improvement plans, architectural plans, specifications and drawings, title reports, permits, approvals and authorizations (whether obtained from Governmental Authorities or third parties); and all other work product (excluding attorney client privileged materials, internal memoranda, and appraisals) generated by third parties for the Buyer solely in connection with the Property; provided, however, in the event the Buyer delivers any or all of the aforementioned materials to the Seller, the Buyer makes no representation or warranty as to the accuracy or completeness of the same and the Seller shall have no right to rely on such materials. In consideration for the Buyer providing all such aforementioned materials, the Seller shall pay the Buyer an amount equal to one-half of the actual out-of-pocket costs incurred by the Buyer in obtaining such materials (as evidenced by invoices, purchase orders and the like). The provisions of this SECTION 3.6 shall survive the termination of this Agreement.

Buyer’s Due Diligence Reports. In the event the transaction contemplated by this Agreement is not closed for any reason whatsoever, the Seller may elect to have the Buyer deliver to the Seller originals or copies of all third party reports, documents, studies, analyses, and other written information obtained by the Buyer with respect to the Property, including results of physical inspections, engineering studies, engineering drawings and specifications, surveys, Hazardous Materials reports, soil tests, site plans, feasibility studies, market studies, property improvement plans, architectural plans, specifications and drawings, title reports, permits, approvals and authorizations (whether obtained from Governmental Authorities or third parties); and all other work product (excluding attorney client privileged materials, internal memoranda, and appraisals) generated by third parties for the Buyer solely in connection with the Property; provided, however, in the event the Buyer delivers any or all of the aforementioned materials to the Seller, the Buyer makes no representation or warranty as to the accuracy or completeness of the same and the Seller shall have no right to rely on such materials. In consideration for the Buyer providing all such aforementioned materials, the Seller shall pay the Buyer an amount equal to one-half of the actual out-of-pocket costs incurred by the Buyer in obtaining such materials (as evidenced by invoices, purchase orders and the like). The provisions of this SECTION 3.6 3.7 shall survive the termination of this Agreement.