Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective Parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective Parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and shall survive the Closing for a period of six (6) months after the Closing, or, to the extent the context requires, beyond any termination of this Agreement for a period of six (6) months. Any claim for breach of a representation and warranty given hereunder must be filed and served within such six (6) month period, or be deemed waived and released. Purchase and Sale Agreement Addendum II – Seller’s Representations and Warranties Page 4 of 4 1049448.7 SCHEDULE 0 XXXXX XXXXXXXXXXX DUE DILIGENCE MATERIALS ALTA Survey o Preliminary ALTA/ACSM Land Title Survey prepared by American Surveying & Mapping dated September 11, 2015 CAM o 2017 Actual Recovery Schedules o 2018 Actual Recovery Schedules Certificate of Occupancy CC&Rs o Amended and Restated Declaration of Covenants Conditions and Restrictions and Grant of Reciprocal Easements dated April 25, 2018 Environmental o Phase I Environmental Site Assessment prepared by Partner Engineering and Science, Inc., dated September 11, 2015 o Phase I Environmental Site Assessment prepared by Partner Engineering and Science, Inc., dated October 20, 2011 Leases o Bad Ass Coffee of Hawaii . Lease dated December 5, 2018 o Blue Ocean Realty and Mortgage . Lease dated December 5, 2015 . First Amendment to Lease dated July 31, 2017 o Organic Fusion Teahouse dba Boba Tea Shop . Lease dated October 3, 2018 o Body Massage . Lease dated June 1, 2012 . Assignment of Lease dated November 1, 2012 . First Amendment to Lease dated August 28, 2012 Purchase and Sale Agreement Schedule 1 – Due Diligence Materials Page 1 of 3 1049448.7
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and the Closing, or, to the extent the context requires, beyond any termination of this Agreement.
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective parties contained herein or made in writing pursuant to this Agreement, shall survive the execution and delivery of this Agreement and the Closing for a period of 12 months, or, to the extent the context requires, beyond any termination of this Agreement. In the event that a claim is not made with respect to a breach of a representation, warranty or covenant set forth herein within such 12 month period, such claim shall be deemed waived.
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective Parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective Parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and shall survive the Closing for a period of six (6) months after the Closing, or, to the extent the context requires, beyond any termination of this Agreement for a period of six (6) months. Any claim for breach of a representation and warranty given hereunder must be filed and served within such six (6) month period, or be deemed waived and released. Purchase and Sale Agreement Addendum II – Seller’s Representations and Warranties 846565.4 SCHEDULE 1 TNP SRT WOODLAND WEST HOLDINGS, LLC DUE DILIGENCE MATERIALS • Land Title Survey o ALTA/NSPS Land Title Survey prepared by American National dated November 9, 2016 • Aged Receivables o A/R as of December 31, 2016 • CAM Recs o 2017 CAM Pre Bills o 2017 CAM Recovery Calculations
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective Parties contained in this Agreement or any Transaction Document shall survive the Closing for a period of nine (9) months after the Closing, or, to the extent the context requires, beyond any termination of this Agreement for a period of nine (9) months. Any claim for breach of a representation and warranty made hereunder must be delivered in writing to the other Party within such nine (9) month period and filed with a court of competent jurisdiction within thirty (30) days thereafter, or be deemed waived and released.
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, and, together with all conditions, covenants and indemnities made by the respective parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and shall survive the Closing for a period of twelve (12) months after the Closing, or, to the extent the context requires, beyond any termination of this Agreement for a period of twelve (12) months. Any claim fox breach of a representation and warranty given hereunder must be filed and served within this twelve (12) month period, or be deemed waived and released. XXXXXXXX XXX DUE DILIGENCE LIST OF INFORMATION LOAN DOCUMENTS
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective Parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective Parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and shall survive the Closing for a period of nine (9) months after the Closing, or, to the extent the context requires, beyond any termination of this Agreement for a period of nine (9) months. Any claim for breach of a representation and warranty given hereunder must be filed and served within such nine (9) month period, or be deemed waived and released. Purchase and Sale Agreement Addendum II – Seller’s Representations and Warranties SCHEDULE 1 SUMMIT POINT DUE DILIGENCE MATERIALS [SEE ACCESS AGREEMENT SCHEDULE 1] Purchase and Sale Agreement Schedule 1 – Due Diligence Materials SCHEDULE 2 DESCRIPTION OF LAND Purchase and Sale Agreement Schedule 2 – Description of Land Purchase and Sale Agreement Schedule 2 – Description of Land Purchase and Sale Agreement Schedule 2 – Description of Land SCHEDULE 3 ASSUMED SERVICE CONTRACTS NONE Purchase and Sale Agreement Schedule 3 – Assumed Service Contracts SCHEDULE 4
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and shall survive the Closing and, for all purposes, shall expire at midnight, December 15, 2005, or, to the extent the context requires, beyond any termination of this Agreement for a period expiring at midnight, December 15, 2005. Any claim for breach of a representation and warranty given hereunder must be filed and served on or prior to December 15, 2005, or be deemed waived and released. Due Diligence Materials to be Delivered by Seller to Buyer Wakefield
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective Parties contained herein or made in writing pursuant to this Agreement are intended to, and shall, remain true and correct as of the time of Closing, and, together with all conditions, covenants and indemnities made by the respective Parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and shall survive the Closing for a period of one (1) year after the Closing, or, to the extent the context requires, beyond any termination of this Agreement for a period of one (1) year.
Continuation and Survival of Representations and Warranties, Etc. All representations and warranties by the respective parties contained herein or made in writing 34 35 pursuant to this Agreement (including, without limitation, any representations and warranties contained in the Deeds, the Bills of Sale, the Assignments of Leases, the Intangible Assignments and any Closing certificates) are intended to and shall remain true and correct as of the time of Closing, shall be deemed to be material, and, together with all indemnities made by the respective parties contained herein or made in writing pursuant to this Agreement (including, without limitation, any representations and warranties contained in the Deed, the Deeds, the Bills of Sale, the Assignments of Leases, the Intangible Assignments and any Closing certificates) shall survive the execution and delivery of this Agreement and the Closing for a period of three (3) years, or, to the extent expressly provided herein, beyond any termination of this Agreement. The Transferors' representations and warranties set forth in any landlord estoppel certificate delivered pursuant to Paragraph 6(b) above shall survive the Closing for the periods of time set forth in said Paragraph 6(b).
