Delivery of Due Diligence Materials. Within ten (10) business days after the date of this Agreement, Seller shall deliver to Buyer all documents, reports, agreements, or other items in its possession or control relating to the Property, including without limitation the following (collectively, the “Due Diligence Materials”): (i) all licenses, leases, and permits affecting or relating to the ownership, subdivision, possession or development of the Property or the construction of improvements thereon, and all amendments and modifications thereto; (ii) applications and correspondence or other written communications to or from any governmental entity, department or agency other than Buyer regarding any permit, approval, consent or authorization with respect to the development of the Property or the construction of improvements thereon; (iii) the most recent survey, if any, pertaining to the Property or any portion thereof; and (iv) soils reports, engineering data, environmental reports, and other data or studies pertaining to the Property or any portion thereof.
Delivery of Due Diligence Materials. In the event that Purchaser shall terminate this Agreement as permitted herein, Purchaser shall provide, or cause to be provided, to Sellers, within five (5) Business Days after such termination and to the extent such items are in the possession of Purchaser or its attorneys, original copies of all surveys, original copies of all environmental reports, appraisals, studies and investigations prepared by or at the request of Purchaser with respect to the Facilities, and copies of all other reports, searches, investigations, studies and materials prepared by or at the request of Purchaser with respect to the Facilities, excluding any internal memoranda and attorney work product. Upon the request of Sellers, Purchaser shall consent to and reasonably cooperate with Sellers in any request from Sellers to any preparer of any such surveys, reports, appraisals, searches, studies, investigations or materials to provide to Sellers written confirmation from such preparer that is addressed to Sellers in form and substance reasonably satisfactory to Sellers and stating that its surveys, reports, appraisals, searches, studies, investigations or materials are certified to Sellers and Sellers are entitled to rely thereon.
Delivery of Due Diligence Materials. Within ten (10) days of the Effective Date, the District shall deliver to Xxxxxx Homes, without representation or warranty as to the accuracy of the information contained therein, any and all documents, reports, agreements, or other items in its possession or control relating to the Mirassou Property or within its agents’ or representatives’ possession or control, including but not limited to (collectively, the "Due Diligence Materials"): (i) all licenses, leases, and permits affecting or relating to the ownership, subdivision, possession or development of the Mirassou Property or the construction of improvements thereon, and all amendments and modifications thereto; (ii) applications and correspondence or other written communications to or from any governmental entity, department or agency other than District regarding any permit, approval, consent or authorization with respect to the development of the Mirassou Property or the construction of improvements thereon as well as community and neighborhood outreach; (iii) the most recent survey, if any, pertaining to the Mirassou Property or any portion thereof; (iv) soils reports, engineering data, environmental reports, development agreements, tract map conditions of approval, grading and engineering studies and plans, impact reports or negative declarations, traffic, noise, and drainage studies, improvements plans, improvement agreements and bonds, if any, and other data or studies pertaining to the Mirassou Property; (v) copies of all documents evidencing interests in or affecting the Mirassou Property that are not shown on a title report, if any; and (vi) all documents regarding the existence, use, application or removal of Hazardous Materials (as defined below) on, from, in and/or under the Mirassou Property. Within ten (10) days after Xxxxxx Homes has identified the Xxxxxx Homes Properties, Xxxxxx Homes shall deliver to the District, without representation or warranty as to the accuracy of the information contained therein, copies of the Due Diligence Materials relating to the Xxxxxx Homes Properties. Any Due Diligence Materials shall be provided to the other Party without any recourse or liability of any type or nature. Each Party assumes all risk of any kind with regard to the use of and reliance upon any of the Due Diligence Materials provided by the other Party. Neither Party is relying upon the other Party for any information related to, concerning, or involving the respective properties for this t...
Delivery of Due Diligence Materials. Within two Business Days or as soon thereafter as is practicable, of (i) the date hereof with respect to the Group A Properties, the Group B Properties and the Group D Properties, or (ii) the Group C Property ROFO Notice or the Group C Property ROFR Notice, with respect to a Group C Property, or at such other times as set forth in this Agreement with respect to the After-Acquired Properties, the applicable MARC Entity shall deliver to First Union copies of all Due Diligence Materials, and any existing Third Party Property Reports it has in its possession relating to the applicable Property(ies). First Union acknowledges that by making the Due Diligence Materials available to First Union, the MARC Principals have not made, and do not make, any representation or warranty, expressed or implied, as to the accuracy or completeness of the Due Diligence Materials except as set forth in this Agreement. In the event the transactions contemplated hereby are not consummated, First Union will, upon request by the MARC Principals, promptly return to the MARC Principals any of the Due Diligence Materials which may have been delivered to First Union.
Delivery of Due Diligence Materials. The Seller has or will deliver or make available to the Buyer complete copies of all the documents and other Due Diligence materials required to be delivered pursuant to Section 10 and elsewhere in this Agreement (collectively, the “Due Diligence Materials”) to the extent in the Seller’s possession or under the Seller’s control regarding the Property, and there are no other documents or information that have not been or will not be provided to the Buyer.
Delivery of Due Diligence Materials. To the extent not previously delivered to Buyer, within three (3) business days of the Effective Date, Seller shall make available for inspection and copying by Buyer all records, documents, reports, studies, financial statements, plans, environmental reports, agreements, and other materials which may be within Seller’s possession or control or in the possession or control of any agents and contractors of Seller pertaining to the ownership and operation of the Golf Club (collectively, the “Due Diligence Materials”). Seller and Buyer acknowledge that Seller may deliver the Due Diligence Materials electronically through the establishment of a dropbox, virtual war room or other digital means.
Delivery of Due Diligence Materials. Within five (5) days of the Effective Date, Seller shall deliver to Buyer legible copies of (unless otherwise already provided to Buyer) all documents, reports, agreements, or other items in its possession or control relating to the Property, including, without limitation, the following (collectively, the “Due Diligence Materials”): (i) service contracts; income/expense reports; utility bills; manuals and warranty documents and service records and/or operating instructions for power and energy systems (e.g. HVAC); (ii) completed and executed estoppel certificates from all tenants; all licenses, leases, and permits affecting or relating to the ownership, subdivision, possession or development of the Property or the construction of improvements thereon, and all amendments and modifications thereto; (iii) applications and correspondence or other written communications to or from any governmental entity, department or agency other than District regarding any permit, approval, consent or authorization with respect to the development of the Property or the construction of improvements thereon; (iv) the most recent survey, if any, pertaining to the Property or any portion thereof; (v) soils reports, engineering data, environmental reports, Transfer Disclosure Statements, as-built plans, and other data or studies pertaining to the Property or any portion thereof; (vi) the title policy with exhibits obtained by District upon its purchase of the Property, and (vii) a complete, original size plan set.
Delivery of Due Diligence Materials. Within five (5) days of the Effective Date, Seller shall deliver to Buyer copies of (unless otherwise already provided to Buyer) all documents, reports, agreements, or other items in its possession or control relating to the Property, including, without limitation, the following (collectively, the “Due Diligence Materials”): (i) all licenses, leases, and permits affecting or relating to the ownership, subdivision, possession or development of the Property or the construction of improvements thereon, and all amendments and modifications thereto; (ii) applications and correspondence or other written communications to or from any governmental entity, department or agency other than District regarding any permit, approval, consent or authorization with respect to the development of the Property or the construction of improvements thereon; (iii) the most recent survey, if any, pertaining to the Property or any portion thereof; and (iv) soils reports, engineering data, environmental reports, and other data or studies pertaining to the Property or any portion thereof.
Delivery of Due Diligence Materials. In the event of the termination of this Contract, for any reason, Purchaser agrees to deliver to Seller, within thirty (30) days following the termination of this Agreement, copies of all third party due diligence materials which Purchaser has obtained in connection with its investigations of the Property; provided, however, that (i) the delivery of such due diligence materials shall be conditioned upon the preparers of such due diligence materials consenting to such delivery, (ii) such delivery shall be without representation, warranty or liability to Purchaser, and at no expense to Purchaser, and (iii) in no event shall the delivery of such due diligence materials be a condition to the return of the Xxxxxxx Money to Purchaser, should Purchaser be entitled to the return of the Xxxxxxx Money under the terms of this Agreement in connection with such termination. [Signature page to follow] Executed to be effective as of the Effective Date. SELLER: Xxxxxx Stor-It, LLC, a Virginia limited liability company, By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Managing Member Date: September 10, 2008 PURCHASER:
Delivery of Due Diligence Materials. Within five (5) days after the Effective Date, Seller, at Seller's sole cost and expense, will deliver to Purchaser (or make available at the Property during normal business hours) for Purchaser's review, to the extent not previously delivered to Purchaser, true, correct and complete copies of the following, together with all amendments, modifications, renewals or extensions thereof (collectively, the "Due Diligence Materials"):
