Common use of Delivery of Sellers Diligence Materials Clause in Contracts

Delivery of Sellers Diligence Materials. On or before the later to occur of: (x) execution of the applicable Lease for any Property and (y) Seller’s acquisition of the Property, Seller agrees to deliver to Buyer all information in Seller’s possession or control relating to the leasing, operating, maintenance, construction (including the Certificate of Occupancy for such Property if one exists for such Property with Improvements which have already been constructed), 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 such 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, copies of all: (i) omitted; (ii) the Lease corresponding to such Property, including all amendments thereto, guaranties thereof and assignments thereof and, if applicable, a copy of the leasehold title insurance policy delivered to Tenant with respect to such Property; (iii) the maintenance history of such Property, if any; (iv) current maintenance, management, and listing contracts for such Property including any amendments thereto; (v) all claims or suits by Tenant or third-parties involving such Property or any of the Leases or any Contracts relating to such Property (whether or not covered by insurance); (vi) a list of all claims or suits by or against Seller regarding such Property for the last thirty-six (36) months; (vii) omitted; (viii) the site plan with respect to such Property; (ix) copies of all Contracts, Warranties and Permits relating to such Property; and (x) any other material documents or other material information in the possession or control of Seller or its agents pertaining to such Property. Should Seller receive new or updated information regarding any of the matters set forth in this Section 8(a) after the date hereof and prior to XXX, Seller will immediately notify Buyer of such fact and will promptly deliver complete copies thereof to Buyer.

Delivery of Sellers Diligence Materials. On or before Within three (3) days after the later to occur of: (x) execution Opening of the applicable Lease for any Property and (y) Seller’s acquisition of the PropertyEscrow, Seller agrees to deliver to Buyer copies of all information documents currently in Seller’s possession or control relating to the leasing, operating, maintenance, construction (including the Certificate of Occupancy for such Property if one exists for at such Property with Improvements which have already been constructedtime), 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 such 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, copies of allall of the following documents to the extent currently in the Seller’s possession: (i) omittedbooks of account and records for such Property for the last twenty-four (24) months (including year-end Tenant CAM expense reconciliations); (ii) the Lease corresponding to such Property, including all amendments thereto, guaranties thereof and assignments thereof and, if applicable, a copy of the leasehold title insurance policy delivered to Tenant with respect to such Property; (iii) a detailed listing of all capital expenditures on such Property for the last thirty-six (36) months; (iv) the maintenance history of such Property, if anyProperty for the last twenty-four (24) months; (ivv) current maintenance, management, and listing contracts for such Property including any amendments thereto; (vvi) all claims or suits by Tenant or third-parties involving such Property or any of the Leases or any Contracts relating to such Property (whether or not covered by insurance); (vivii) a list of all claims or suits by or against Seller regarding such Property for the last thirty-six (36) months; (viiviii) omittedany appraisals of such Property or any part thereof; (viiiix) the site plan with respect to such Property; (ixx) copies of all Contracts, Warranties and Permits relating to such Property, including copies of all warranties required under the Leases; (xi) Tenant’s written approval of any declaration, easement or similar agreement that requires or required Tenant’s consent pursuant to the terms and conditions of the Lease; and (xxii) any other material documents or other material information currently in the possession or control of Seller or its agents pertaining to such Property. Should Seller receive new or updated information documents regarding any of the matters set forth in this Section 8(a) after the date hereof and prior to XXX, Seller will immediately notify Buyer of such fact and will promptly deliver complete copies thereof to Buyer.

Delivery of Sellers Diligence Materials. On or before the later (a) Seller delivered to occur of: (x) execution of the applicable Lease for any Property and (y) SellerBuyer’s acquisition of the Propertyrepresentative, Seller agrees to deliver to Buyer Xxxx Xxxxxxxxxx, all information in Seller’s possession or control relating to the leasingset forth on Exhibit H, operating, maintenance, construction (including the Certificate of Occupancy for such Property if one exists for such Property with Improvements which have already been constructed), 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 such Property and/or the Tenant but specifically excluding Proprietary Materials (collectively, “Seller’s Diligence Materials”), all at no cost to Buyer. The foregoing deliveries shall include, but not be limited to, copies of all: (i) omitted; (ii) Buyer hereby acknowledges the Lease corresponding to such Property, including all amendments thereto, guaranties thereof and assignments thereof and, if applicable, a copy of the leasehold title insurance policy delivered to Tenant with respect to such Property; (iii) the maintenance history of such Property, if any; (iv) current maintenance, management, and listing contracts for such Property including any amendments thereto; (v) all claims or suits by Tenant or third-parties involving such Property or any of the Leases or any Contracts relating to such Property (whether or not covered by insurance); (vi) a list receipt of all claims or suits by or against Seller regarding such Property for the last thirty-six (36) months; (vii) omitted; (viii) the site plan with respect to such Property; (ix) copies of all Contracts, Warranties and Permits relating to such Property; and (x) any other material documents or other material information in the possession or control of Seller or its agents pertaining to such Property. set forth on Exhibit H. Should Seller receive new or updated information regarding any of the matters set forth in this Section 8(a) 8 or on Exhibit H after the date hereof Effective Date and prior to XXX, Seller will immediately promptly notify Buyer of such fact and will promptly deliver complete copies thereof to Buyer, but in no event later than five (5) business days after receipt of such new or updated information. (b) BUYER ACKNOWLEDGES AND AGREES THAT SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE OWNERSHIP, ENFORCEABILITY, ACCURACY, ADEQUACY OR COMPLETENESS OR OTHERWISE OF ANY OF THE RECORDS, EVALUATIONS, DATA, INVESTIGATIONS, REPORTS OR OTHER MATERIALS DELIVERED OR OTHERWISE MADE AVAILABLE TO BUYER (other than those specifically set forth in this Agreement or in any document to be executed and delivered by Seller to Buyer at the XXX, and in such case, subject to the terms, limitations and conditions of this Agreement). The foregoing sentence will survive the XXX and any termination of this Agreement. Seller has no obligation to obtain, commission or prepare any books, records, files, reports or studies of any kind or nature.

Delivery of Sellers Diligence Materials. On or before the later to occur of: (x) execution of the applicable Lease for any Property and (y) Seller’s acquisition of the Property, Seller agrees to deliver to Buyer Buyer, on or prior to the Effective Date, all information in Seller’s possession or control relating to the leasing, operating, maintenance, construction (including the Certificate of Occupancy for such Property if one exists for such Property with Improvements which have already been constructedthe 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 such 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, copies of all: (i) omittedbooks of account and records for the Property for the last twenty-four (24) months (including year-end Tenant CAM expense reconciliations); (ii) the Lease corresponding to such PropertyLease, including all amendments thereto, guaranties thereof and assignments thereof and, if applicableto 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 such Propertypolicy; (iii) a detailed listing of all capital expenditures on the Property for the last thirty-six (36) months; (iv) the maintenance history of such Property, if anythe Property for the last twenty-four (24) months; (ivv) current maintenance, management, and listing contracts for such the Property including any amendments thereto; (vvi) all claims or suits by Tenant or third-third parties involving such the Property or any of the Leases Lease or any Contracts relating to such Property (whether or not covered by insurance); (vivii) a list of all claims or suits by or against Seller regarding such the Property for the last thirty-six (36) months; (vii) omitted; (viii) the site plan with respect to such to, and Seller’s most recent survey of, the Property; (ix) copies of all Contracts, Warranties and Permits relating to such PropertyPermits; and (x) any other material documents or other material information in the possession or control of Seller or its agents pertaining to such the Property that would reasonably be considered by an experienced purchaser to be material to that purchaser’s decision to acquire the Property. Should Seller receive new or updated information regarding any of the matters set forth in this Section 8(a) 8 after the date hereof Effective Date and prior to XXX, Seller will immediately notify Buyer of such fact and will promptly deliver complete copies thereof to Buyer. Seller makes no representations or warranties of any kind regarding the accuracy, thoroughness or completeness of or conclusions drawn in the information contained in the Seller’s Diligence Materials; provided, however, that Seller does hereby represent and warrant to Buyer that it has no actual knowledge of any inaccuracy therein or incompleteness thereof. Buyer agrees and acknowledges that any and all of Seller’s Diligence Materials will be made available or delivered to Buyer solely to assist Buyer in determining the feasibility of purchasing the Property. Buyer agrees not to disclose Seller’s Diligence Materials, or any of the provisions, terms or conditions thereof, to any party other than Buyer and Buyer’s agents, principals, officers, employees, lenders, consultants and attorneys that are responsible for determining the feasibility of Buyer’s acquisition of the Property, financing of any portion of the Purchase Price and for preparation and revision of documents to consummate the closing hereof. If this Agreement is terminated, Buyer shall certify to Seller that Buyer has destroyed Seller’s Diligence Materials; provided, however, Buyer (x) will be entitled to retain one copy of Seller’s Diligence Materials for compliance purposes or for the purposes of defending or maintaining litigation or threatened litigation, and (y) will not be obligated to erase Seller’s Diligence Materials that is contained in an archived computer system made in accordance with its security and/or disaster recovery procedures.

Delivery of Sellers Diligence Materials. On or before the later to occur of: (x) execution of the applicable Lease for any Property and (y) Seller’s acquisition of the Property, Seller agrees to deliver to Buyer contemporaneously with the Opening of Escrow or by making available to Buyer via web portal not later than the Opening of Escrow all information in Seller’s possession or control relating to the leasing, operating, maintenance, construction (including the Certificate of Occupancy for such Property if one exists for such Property with Improvements which have already been constructed), repair, zoning (including any zoning verification letters), platting, engineering, soil tests, water tests, environmental teststests or reports, market studiesconstruction (including the Certificate of Occupancy for the Property), master planning, architectural drawings and like matters regarding such 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 such items exist and are in Seller’s possession and/or control, copies of all: (i) omittedbooks of account and records for the Property for Seller’s period of ownership thereof; (ii) the Lease corresponding to such PropertyLease, including all amendments thereto, guaranties thereof and assignments thereof andthereof, if applicable, a copy of the leasehold title insurance policy delivered to Tenant with respect to such Propertyany; (iii) the maintenance history of such Property, if anythe Property for Seller’s period of ownership thereof; (iv) current maintenance, management, maintenance and listing contracts for such the Property including any amendments thereto; (v) all claims or suits by Tenant or third-third parties involving such the Property or any of the Leases Lease or any Contracts relating to such Property (whether or not covered by insurance); (vi) a list of all claims or suits by or against Seller regarding such the Property for the last thirty-six (36) monthsSeller’s period of ownership thereof; (vii) omitted; (viii) the site plan with respect to such the Property; (ixviii) copies of all Contracts, Warranties and Permits relating to such PropertyPermits; and (xix) any other material documents or other material information in the possession or and/or control of Seller or its agents pertaining to such the Property. Should Seller receive new or updated information regarding any of the matters set forth in this Section 8(a) after the date hereof Effective Date and prior to XXX, Seller will immediately promptly notify Buyer of such fact and will promptly deliver complete copies thereof to BuyerBuyer or make the same available to Buyer via web portal.

Delivery of Sellers Diligence Materials. On or before Prior to the later to occur of: (x) execution of the applicable Lease for any Property and (y) Seller’s acquisition of the PropertyEffective Date, Seller agrees to deliver has delivered to Buyer all information in Seller’s possession or control relating to the leasing, operating, maintenance, construction (including the Certificate of Occupancy for such Property if one exists for such Property with Improvements which have already been constructedthe 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 such 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, included copies of all: (i) omittedbooks of account and records for the Property (including year-end Tenant CAM expense reconciliations); (ii) the Lease corresponding to such PropertyLease, including all amendments thereto, guaranties thereof and assignments thereof and, if applicableto 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 such policy; (iii) a detailed listing of all capital expenditures on the Property; (iiiiv) the maintenance history of such the Property, if any; (ivv) current maintenance, management, and listing contracts for such the Property Purchase Agreement and Escrow Instructions Tractor Supply Company – Midland, NC including any amendments thereto; (vvi) all claims or suits by Tenant or third-parties involving such the Property or any of the Leases Lease or any Contracts relating to such Property (whether or not covered by insurance); and (vivii) a list of all claims or suits by or against Seller regarding such Property for the last thirty-six (36) monthsProperty; (vii) omittedany appraisals of the Property or any part thereof; (viiiix) the site plan with respect to such the Property; (ixx) copies of all Contracts, Warranties and Permits relating to such PropertyPermits; and (xxi) any other material documents or other material information in the possession or control of Seller or its agents pertaining to such the Property. Should Seller receive new or updated information regarding any of the matters set forth in this Section 8(a) 8 after the date hereof Effective Date and prior to XXX, Seller will immediately notify Buyer of such fact and will promptly deliver complete copies thereof to Buyer.

Delivery of Sellers Diligence Materials. On or before the later to occur of: (x) execution of the applicable Lease for any Property and (y) Seller’s acquisition of the Property, Seller agrees to deliver to Buyer contemporaneously with the Effective Date all information in Seller’s possession or control control, and to the extent applicable, relating to the leasing, operating, maintenance, construction (including the Certificate of Occupancy for such Property if one exists for such Property with Improvements which have already been constructedthe 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 such 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, copies of all: (i) omittedbooks of account and records for the Property for the last twenty-four (24) months (including year-end Tenant CAM expense reconciliations); (ii) the Lease corresponding to such PropertyLease, including all amendments thereto, guaranties thereof and assignments thereof and, if applicableto the Xxxxx Xxxxxxxx Xxxxxxxxxx, XX 0000-0000-0000.4 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 such Propertypolicy; (iii) a detailed listing of all capital expenditures on the Property for the last thirty-six (36) months; (iv) the maintenance history of such Property, if anythe Property for the last twenty-four (24) months; (ivv) current maintenance, management, and listing contracts for such the Property including any amendments thereto; (vvi) all claims or suits by Tenant or third-third parties involving such the Property or any of the Leases Lease or any Contracts relating to such Property (whether or not covered by insurance); (vivii) a list of all claims or suits by or against Seller regarding such the Property for the last thirty-six (36) months; (viiviii) omittedany appraisals of the Property; (viiiix) the site plan with respect to such to, and a current survey of, the Property; (ixx) copies of all Contracts, Warranties and Permits relating to such PropertyPermits; and (xxi) any other material documents or other material information in the possession or control of Seller or its agents pertaining to such the Property. Should Seller receive new or updated information regarding any of the matters set forth in this Section 8(a) 8 after the date hereof Effective Date and prior to XXX, Seller will immediately notify Buyer of such fact and will promptly deliver complete copies thereof to Buyer.