Common use of Due Diligence List Clause in Contracts

Due Diligence List. Within five (5) days after the Effective Date, Seller shall deliver to Purchaser, its agents or employees (or otherwise make available to Purchaser, its agents or employees at Seller’s or Manager’s offices or the Property) (a) full and complete copies of the information and documents listed on Exhibit “C” attached hereto, to the extent that such items are in Seller’s or Manager’s possession, are not by its nature “stale” or out of date (including any information that is greater than 3 years old), and readily available without any undue hardship to locate same by Seller or Manager, and (b) a copy of any existing ALTA Survey in Seller’s possession or reasonable control paid for by Seller showing the Improvements as built. Subject to the provisions of Section 5.4 hereof (or any other confidentiality agreement between the parties), upon Seller’s prior consent, Purchaser or its representatives may contact any governmental authority for the sole purpose of gathering information in connection with the transaction contemplated by this Agreement. Notwithstanding anything to the contrary contained herein, consent from Seller will not be required for (i) authorized third parties conducting reasonable and customary inquiries with respect to their applicable reports, including surveys and zoning, engineering, geotechnical and environmental inspections as permitted under this Agreement or (ii) generic inquiries to governmental authorities that do not identify the Property.

Due Diligence List. Within five (5) days after the Effective Date, Seller shall deliver to Purchaser, its agents or employees (or otherwise make available to Purchaser, its agents or employees at Seller’s or Manager’s offices or the Property) (a) full and complete copies of the information and documents listed on Exhibit “C” attached hereto, to the extent that such items are in Seller’s or Manager’s possession, are not by its nature “stale” or out of date (including any information that is greater than 3 years old), and readily available without any undue hardship to locate same by Seller or Manager, and (b) a copy of any existing new ALTA Survey in Seller’s possession or reasonable control paid for by Seller showing the Improvements as built. Subject to the provisions of Section 5.4 hereof (or any other confidentiality agreement between the parties), upon Seller’s prior consent, Purchaser or its representatives may contact any governmental authority for the sole purpose of gathering information in connection with the transaction contemplated by this Agreement. Notwithstanding anything to the contrary contained herein, consent from Seller will not be required for (i) authorized third parties conducting reasonable and customary inquiries with respect to their applicable reports, including surveys and zoning, engineering, geotechnical and environmental inspections as permitted under this Agreement or (ii) generic inquiries to governmental authorities that do not identify the Property.