Common use of Buyer’s Due Diligence Clause in Contracts

Buyer’s Due Diligence. CONDITION OF THE PROPERTY Buyer acknowledges that commencing prior to the execution of this Agreement and continuing for a period which will expire on the date which is forty-five (45) days after the date hereof (the "Due Diligence Period"), Buyer has conducted, and shall continue to conduct, its examinations, inspections, testing, studies and/or investigations (herein collectively called the "Due Diligence") of the Property and information regarding the Property. If Buyer is not satisfied with the results of its Due Diligence, Buyer may terminate this Agreement by written notice to Seller given in accordance with the provisions of Section 14.9 hereof on or before the last day of the Due Diligence Period, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement and Buyer shall be entitled to the return of the Deposit. In the event Buyer fails to notify Seller in writing whether or not Buyer has elected to terminate this Agreement on or before the last day of the Due Diligence Period, Buyer shall be deemed to have terminated this Agreement in accordance with this Article 4. At Closing and as a material inducement for Seller to consummate the Transaction, Buyer will deliver a certification in the form of EXHIBIT F attached hereto and incorporated herein by this reference.

Buyer’s Due Diligence. CONDITION OF THE PROPERTY Buyer acknowledges that commencing prior All due diligence performed by Buyer's Representatives shall be performed in accordance with and subject to the execution terms of that certain Property Access Agreement, dated as of April 6, 2015, by and between Seller and Buyer (or Buyer's predecessor), which agreement is hereby incorporated herein and Buyer and Seller hereby ratify and confirm their respective obligations under the aforementioned agreement. To the extent any provisions of the Property Access Agreement conflict with the provisions of this Agreement, the provisions of this Agreement shall control. Buyer, in its sole and continuing for a period which will expire on the date which is forty-five (45) days after the date hereof (the "Due Diligence Period")absolute discretion, Buyer has conducted, and shall continue to conduct, its examinations, inspections, testing, studies and/or investigations (herein collectively called the "Due Diligence") of the Property and information regarding the Property. If Buyer is not satisfied with the results of its Due Diligence, Buyer may terminate this Agreement by written notice to Seller given in accordance with the provisions of Section 14.9 hereof at any time on or before prior to the last day expiration of the Due Diligence PeriodPeriod for any reason or no reason, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement and Buyer shall be entitled to the return of the Deposit. In the event Buyer fails to notify Seller in writing whether or not Buyer has elected to terminate this Agreement on or before prior to the last day expiration of the Due Diligence Period, Buyer shall be deemed to have terminated waived its rights to terminate this Agreement in accordance with this section, but shall retain its rights to terminate this Agreement and exercise its rights and remedies pursuant to the terms of Article 4. At Closing and as a material inducement for Seller to consummate the Transaction, Buyer will deliver a certification in the form of EXHIBIT F attached hereto and incorporated herein by this reference9.

Buyer’s Due Diligence. CONDITION OF THE PROPERTY Buyer acknowledges that commencing prior AS‑IS SALE 4.1 Buyer's Due Diligence. All due diligence performed by Buyer's Representatives shall be performed in accordance with and subject to the execution terms of that certain Property Access Agreement, dated as of April 6, 2015, by and between Seller and Buyer (or Buyer's predecessor), which agreement is hereby incorporated herein and Buyer and Seller hereby ratify and confirm their respective obligations under the aforementioned agreement. To the extent any provisions of the Property Access Agreement conflict with the provisions of this Agreement, the provisions of this Agreement shall control. Buyer, in its sole and continuing for a period which will expire on the date which is forty-five (45) days after the date hereof (the "Due Diligence Period")absolute discretion, Buyer has conducted, and shall continue to conduct, its examinations, inspections, testing, studies and/or investigations (herein collectively called the "Due Diligence") of the Property and information regarding the Property. If Buyer is not satisfied with the results of its Due Diligence, Buyer may terminate this Agreement 9 by written notice to Seller given in accordance with the provisions of Section 14.9 hereof at any time on or before prior to the last day expiration of the Due Diligence PeriodPeriod for any reason or no reason, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement and Buyer shall be entitled to the return of the Deposit. In the event Buyer fails to notify Seller in writing whether or not Buyer has elected to terminate this Agreement on or before prior to the last day expiration of the Due Diligence Period, Buyer shall be deemed to have terminated waived its rights to terminate this Agreement in accordance with this Article 4. At Closing section, but shall retain its rights to terminate this Agreement and as a material inducement for Seller exercise its rights and remedies pursuant to consummate the Transaction, Buyer will deliver a certification in the form terms of EXHIBIT F attached hereto and incorporated herein by this reference.Article

Buyer’s Due Diligence. CONDITION OF THE PROPERTY Buyer acknowledges that commencing prior All due diligence performed by Buyer’s Representatives shall be performed in accordance with and subject to the execution terms of that certain Property Access Agreement dated as of September 17, 2012 executed by Seller and Buyer (or Buyer’s affiliate) (the “Property Access Agreement”), which Property Access Agreement is hereby incorporated herein and Buyer and Seller hereby ratify and confirm their respective obligations under the aforementioned Property Access Agreement. To the extent any provisions of the Property Access Agreement conflict with the provisions of this Agreement, the provisions of this Agreement shall control. Buyer, in its sole and continuing for a period which will expire on the date which is forty-five (45) days after the date hereof (the "Due Diligence Period")absolute discretion, Buyer has conducted, and shall continue to conduct, its examinations, inspections, testing, studies and/or investigations (herein collectively called the "Due Diligence") of the Property and information regarding the Property. If Buyer is not satisfied with the results of its Due Diligence, Buyer may terminate this Agreement by written notice to Seller given in accordance with at any time prior to the provisions of Section 14.9 hereof on or before the last day expiration of the Due Diligence PeriodPeriod for any reason or no reason, and, in the event of such termination, neither Seller nor Buyer shall have any liability hereunder except for those obligations which expressly survive the termination of this Agreement and Buyer shall be entitled to the return of the Deposit. In the event Buyer fails to notify deliver written notice to Seller in writing whether on or not Buyer has elected prior to the expiration of the Due Diligence Period of Buyer’s approval of the Property and the Transaction (which notice shall constitute Buyer’s waiver of the right to terminate this Agreement on or before prior to the last day expiration of the Due Diligence Period), then Buyer shall be deemed to have terminated elected to terminate this Agreement in accordance with this Article 4. At Closing and as a material inducement for Seller to consummate the Transaction, Buyer will deliver a certification in the form of EXHIBIT F attached hereto and incorporated herein by this referenceSection 4.1.