DISCLOSURE ITEMS Sample Clauses

DISCLOSURE ITEMS. Buyer acknowledges that, prior to and after the Effective Date, information and matters have been or will be disclosed to Buyer by virtue of either the delivery to Buyer of a copy of the Due Diligence Items or a brief summary of Sellers’ understanding and knowledge of certain matters and things with respect to the Properties as set forth in Exhibit J hereto (collectively, the “Disclosure Items”). Buyer hereby expressly acknowledges and unequivocally agrees that, if Buyer elects to proceed with the Close of Escrow (or is deemed to have approved its contingencies), then Buyer is acquiring the Properties subject to any and all deficiencies, defects and other matters referred to or otherwise set forth in the Disclosure Items and the Due Diligence Items. Notwithstanding anything to the contrary contained herein, no Seller makes any representations or warranties with respect to the thoroughness, adequacy or accuracy of any report, study or other information prepared by a third party for or on behalf of Sellers and included as part of the Due Diligence Items, including without limitation, the Disclosure Items and any environmental reports delivered to Buyer. Buyer expressly covenants, represents and warrants to Sellers that Buyer will not disseminate, re-use or rely upon any environmental reports or any part thereof so delivered to Buyer by the Sellers, especially in light of the prohibition against reliance thereon as required by the preparer of said reports and as required by applicable law. Subject to the provisions of Section 14.2.3 above, except for any material breach by Sellers of the express representations made by Sellers in Section 7 of this Agreement (with respect to which a Claim is brought by Buyer during the Survival Period), no Seller shall have any liability with respect to any matters disclosed or contained in the Due Diligence Items or the Disclosure Items. For purposes of this Agreement, Buyer shall be deemed to have actual knowledge of the contents of the Due Diligence Items made available to Buyer for copying and/or inspection.

DISCLOSURE ITEMS. Specified Subleases

DISCLOSURE ITEMS. The Data Room contains true and accurate copies of all employment or service contracts for all Key Managers, which copies are complete in all material respects, and copies of the standard terms and conditions of employment applicable to all Employees.

DISCLOSURE ITEMS. Whole Foods is disputing the calculation of Whole Foods share of common area maintenance, taxes and insurance and is currently in arrears for approximately $250,000.00 relating to calendar year 2016.

DISCLOSURE ITEMS. Encumbrances

DISCLOSURE ITEMS. Westcore Cabot:

DISCLOSURE ITEMS. Landlord notice of default dated September 29, 2006 to Kawin International, Inc., tenant at ▇▇▇ ▇. ▇▇▇▇▇ Road, Suite 119, Naperville, Illinois 60563. DENVER December 15, 2006 BOULDER Washington Commons Phase III Limited Partnership c/o Hamilton Partners ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Suite 270 Downers Grove, IL 60515 COLORADO SPRINGS Attention: ▇▇. ▇▇▇▇ ▇▇▇▇

DISCLOSURE ITEMS. Any item disclosed in any particular part of this Exhibit C and all matters shown on Schedule B to Exhibit F attached hereto or disclosed on the Survey will be deemed to be disclosed with respect to any other section and paragraph of Article VI of the Agreement to the extent its relevance or appropriateness is reasonably apparent from the context in which it is presented and to the extent of any cross-references and the like. This Exhibit C and the information and disclosures contained in this Exhibit C are intended only to qualify and limit, and otherwise respond to requests for disclosures contained in, the representations and warranties of Seller contained in the Agreement and shall not be deemed to create any covenant. Any description of any document included in this Exhibit C is a summary only and is qualified in its entirety by the specific terms of such referenced document. 257090980 v3 257090980 v3 257090980 v3 257090980 v3