Common use of Deliveries to Buyer Clause in Contracts

Deliveries to Buyer. Seller agrees to deliver to Buyer contemporaneously with the Opening of Escrow all information in Seller’s possession or reasonable control relating to the leasing, operating, maintenance, construction (including the Certificate of Occupancy for each Property), repair, zoning (including any zoning verification letters), platting, engineering, soil tests, water tests, environmental tests, market studies, master planning, architectural drawings and like matters regarding each Property and/or the Tenant (collectively, “Seller’s Diligence Materials”), all at no cost to Buyer. The foregoing deliveries shall include, but not be limited to, to the extent existing and in Seller’s possession or reasonable control, copies of all: (i) books of account and records for each Property for the last twenty-four (24) months (including year-end Tenant CAM expense reconciliations); (ii) the Lease corresponding to each Property, including all amendments thereto, guaranties thereof and assignments thereof and a copy of the leasehold title insurance policy delivered to Tenant with respect to each Property; (iii) a detailed listing of all capital expenditures on each Property for the last thirty-six (36) months; (iv) the maintenance history of each Property for the last twenty-four (24) months; (v) current maintenance, management, and listing contracts for each Property including any amendments thereto; (vi) all claims or suits by Tenant or third-parties involving any Property or any of the Leases or any Contracts (whether or not covered by insurance); and (vii) a list of all claims or suits by or against Seller regarding any Property for the last thirty-six (36) months; (vii) any appraisals of any Property or any part thereof; (ix) the site plan with respect to each Property; (x) copies of all Contracts, Warranties and Permits; and (xi) any other documents or other information in the possession or control of Seller or its agents pertaining to the Properties. Should Seller receive new or updated information regarding any of the matters set forth in this Section 8(a) after the Effective Date and prior to XXX, Seller will immediately notify Buyer of such fact and will promptly deliver complete copies thereof to Buyer.

Deliveries to Buyer. Seller agrees to deliver to Buyer contemporaneously with the Opening of Escrow all information in Seller’s possession or reasonable control relating to the leasing, operating, maintenance, construction (including the Certificate of Occupancy for each Property), repair, zoning (including any zoning verification letters), platting, engineering, soil tests, water tests, environmental tests, market studies, master planning, architectural drawings and like matters regarding each Property and/or the Tenant (collectively, “Seller’s Diligence Materials”), all at no cost to Buyer. The foregoing deliveries shall include, but not be limited to, to the extent existing and in Seller’s possession or reasonable control, copies of all: (i) books of account and records for each Property for the last twenty-four (24) months (including year-end Tenant CAM expense reconciliations); (ii) the Lease corresponding to each Property, Property including all amendments thereto, guaranties thereof and assignments thereof and a copy of the leasehold title insurance policy delivered to Tenant with respect to each PropertyProperty (if required pursuant to such Lease); (iii) a detailed listing of all capital expenditures on each Property for the last thirty-six (36) months; (iv) the maintenance history of each Property for the last twenty-four (24) months; (v) current maintenance, management, and listing contracts for each Property including any amendments thereto; (vi) all claims or suits by Tenant or third-parties involving any Property or any of the Leases or any Contracts (whether or not covered by insurance); and (vii) a list of all claims or suits by or against Seller regarding any Property for the last thirty-six (36) months; (vii) any appraisals of any Property or any part thereof; (ix) the site plan with respect to each Property; (x) copies of all Contracts, Warranties and Permits; and (xi) any other documents or other information in the possession or control of Seller or its agents pertaining to the Properties. Should Seller receive new or updated information regarding any of the matters set forth in this Section 8(a) after the Effective Date and prior to XXX, Seller will immediately notify Buyer of such fact and will promptly deliver complete copies thereof to Buyer.

Deliveries to Buyer. Seller agrees to deliver to Buyer contemporaneously with the Opening of Escrow all information in Seller’s possession or reasonable control relating to the leasing, operating, maintenance, construction (including the Certificate of Occupancy for each Property), repair, zoning (including any zoning verification letters), platting, engineering, soil tests, water tests, environmental tests, market studies, master planning, architectural drawings and like matters regarding each Property and/or the Tenant (collectively, “Seller’s Diligence Materials”), all at no cost to Buyer. The foregoing deliveries shall include, but not be limited to, to the extent existing and in Seller’s possession or reasonable control, copies of all: (i) books of account and records for each Property for the last twenty-four (24) months (including year-end Tenant CAM expense reconciliations); (ii) the Lease corresponding to each Property, including all amendments thereto, guaranties thereof and assignments thereof and and, to the extent required by any Lease, a copy of the leasehold title insurance policy delivered to Tenant with respect to each the applicable Property; (iii) a detailed listing of all capital expenditures on each Property for the last thirty-six (36) months; (iv) the maintenance history of each Property for the last twenty-four (24) months; (v) current maintenance, management, and listing contracts for each Property including any amendments thereto; (vi) all claims or suits by Tenant or third-parties involving any Property or any of the Leases or any Contracts (whether or not covered by insurance); and (vii) a list of all claims or suits by or against Seller regarding any Property for the last thirty-six (36) months; (viiviii) any appraisals of any Property or any part thereof; (ix) the site plan with respect to each Property; (x) copies of all Contracts, Warranties and Permits; and (xi) any other documents or other information in the possession or control of Seller or its agents pertaining to the Properties. Should Seller receive new or updated information regarding any of the matters set forth in this Section 8(a) after the Effective Date and prior to XXX, Seller will immediately notify Buyer of such fact and will promptly deliver complete copies thereof to Buyer. In the event this Agreement is canceled for any reason, except Seller’s willful default hereunder, Buyer agrees to return to Seller all of Seller’s Diligence Materials within ten (10) business days following such cancellation; provided, however, if this Agreement is canceled for any reason with respect to one, but not both of the Properties, Buyer agrees to return to Seller all of Seller’s Diligence Materials relating to the Removed Property within ten (10) business days following such cancellation. Buyer’s obligation to return the Seller’s Diligence Materials shall survive cancellation of this Agreement.

Deliveries to Buyer. Seller agrees to deliver to Buyer contemporaneously with the Opening of Escrow all relevant and material information in Seller’s or Tenant’s possession or reasonable and control relating to the leasing, operating, maintenance, construction (including the Certificate of Occupancy for each Propertyof the Properties), repair, zoning (including any zoning verification letters), platting, engineering, soil tests, water tests, environmental tests, market studies, master planning, architectural drawings and like matters regarding each Property and/or of the Tenant Properties (collectively, “Seller’s Diligence Materials”), all at no cost to Buyer. The foregoing deliveries shall include, but not be limited to, to the extent existing and in Seller’s possession or reasonable control, copies of all: (i) books of account profit and records loss statement for each Property of the Properties for the last twenty-four (24) months (including year-end Tenant CAM expense reconciliations)months; (ii) the Lease corresponding to each Property, including all amendments thereto, guaranties thereof and assignments thereof and a copy of the leasehold title insurance policy delivered to Tenant with respect to each Property; (iii) a detailed listing of all capital expenditures on each Property of the Properties for the last thirty-six (36) months; (iviii) the maintenance history of each Property of the Properties for the last twenty-four (24) months; (viv) current maintenance, management, and listing contracts for each Property of the Properties including any amendments thereto; (vi) all claims or suits by Tenant or third-parties involving any Property or any of the Leases or any Contracts (whether or not covered by insurance); and (viiv) a list of all claims or suits by or against Seller or Tenant regarding any Property of the Properties for the last thirty-six (36) months; (viivi) any appraisals of any Property of the Properties or any part thereof; (ixvii) the site plan with respect to each Propertyof the Properties; (xviii) copies of all ContractsContracts (including, Warranties without limitation, all warranties) and Permits; (ix) copies of existing title policies, as-built surveys and Phase I environmental reports with respect to each of the Properties, to the extent all of the foregoing items specified in subpart (i) through (ix) are presently in Seller’s or Tenant’s possession and control; and (xix) any other documents or other information in the possession or control of Seller Seller, Tenant or its their respective agents pertaining to the Properties. Should Seller receive new or updated information regarding any of the matters set forth Properties that Buyer may reasonably request in this Section 8(a) after the Effective Date and prior to XXX, Seller will immediately notify Buyer of such fact and will promptly deliver complete copies thereof to Buyerwriting.

Deliveries to Buyer. Subject to the provisions of 8(c), Seller agrees to deliver to Buyer contemporaneously with within five (5) business days after the Opening of Escrow Effective Date all information in Seller’s possession or reasonable control relating to the leasing, operating, maintenance, construction (including the Certificate of Occupancy for each the Property), repair, zoning (including any zoning verification letters), platting, engineering, soil tests, water tests, environmental tests, market studies, master planning, architectural drawings and like matters regarding each the Property and/or the Tenant (collectively, “Seller’s Diligence Materials”), all at no cost to Buyer. The foregoing deliveries shall include, but not be limited to, to the extent existing and in Seller’s possession or reasonable control, copies of all: (i) books of account and records for each the Property for the last twenty-four (24) months (including year-end Tenant CAM expense reconciliations)months; (ii) the Lease corresponding to each PropertyLease, including all amendments thereto, guaranties thereof and assignments thereof and and, to the extent the landlord is obligated to deliver such a policy to Tenant under the Lease, a copy of the leasehold title insurance policy delivered to Tenant with respect to each Propertypolicy; (iii) a detailed listing of all capital expenditures by Seller on each the Property for the last thirty-six (36) months; (iv) the maintenance history of each the Property for the last twenty-four (24) months; (v) current maintenance, management, and listing contracts for each the Property including any amendments thereto; (vi) all claims or suits by Tenant or third-third parties involving any the Property or any of the Leases Lease or any Contracts (whether or not covered by insurance); and (vii) a list of all claims or suits by or against Seller regarding any the Property for the last thirty-six (36) months; (viiviii) any appraisals of any Property or any part thereofthe Property; (ix) the site plan with respect to each to, and a current survey of, the Property; (x) copies of all Contracts, Warranties and Permits; and (xi) any other documents or other information in the possession or control of Seller or its agents pertaining to the PropertiesProperty. Should Seller receive new or updated information regarding any of the matters set forth in this Section 8(a) after the Effective Date and prior to XXX, Seller will immediately notify Buyer of such fact and will promptly deliver complete copies thereof to Buyer. Seller’s Diligence Materials are being provided on an “as is” basis for Buyer’s informational and evaluation purposes only, and Seller is not making any representations or warranties as to the accuracy of the information contained in the Due Diligence Materials except as set forth herein.