Common use of Items to Be Furnished to Purchaser by Seller Clause in Contracts

Items to Be Furnished to Purchaser by Seller. 4.1 Due Diligence Materials. As a courtesy and without warranty or representation, except as expressly set forth herein, Seller previously has delivered or made available (at the offices of Seller or its legal counsel) to Purchaser for its review and/or copying, the following items respecting the Land and the Property: (a) True, correct, complete and legible copies of all Business Agreements, Warranties, Permits, Applicable Notices, Engineering Documents and Seller's Operating and Service Agreements (solely for the purposes of this Section 4.1 and Section 10.18 hereof, the terms Business Agreements, Warranties, Permits, and Engineering Documents shall include all agreements, documents and instruments otherwise included within such definitions, whether or not the same are assignable by Seller); (b) True, correct, complete and legible copies of tax statements or assessments for all real estate and personal property taxes assessed against each Property for the current and the two prior calendar years, if available; (c) True, correct, complete and legible listing of all Fixtures, Personal Property and Excluded Personal Property, including a current depreciation schedule; (d) True, correct, complete and legible copies of all existing fire and extended coverage insurance policies and any other insurance policies pertaining to each Property or certificates setting forth all coverages and deductibles with respect thereto, if any; (e) True, correct, complete and legible copies of all instruments evidencing, governing or securing the payment of any loans secured by each Property or related thereto; (f) True, correct, complete and legible copies of any and all environmental studies or impact reports relating to each Property, if any, and any approvals, conditions, orders or declarations issued by any governmental authority relating thereto (such studies and reports shall include, but not be limited to, reports indicating whether the Property is or has been contaminated by Hazardous Materials and whether the Property is in compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, as applicable); (g) True, correct, complete and legible copies of any and all litigation files with respect to any pending litigation and claim files for any claims made or threatened, the outcome of which might materially affect each Property or the use and operation of each Property, together with summaries and such other more detailed information as Purchaser may reasonably request with respect to any other pending litigation or claim the outcome of which might materially affect Seller or materially affect each Property. (h) The Title Commitment, Exception Documents, Survey and Search Reports.

Items to Be Furnished to Purchaser by Seller. 4.1 Due Diligence Materials. As a courtesy and without warranty or representation, except as expressly set forth herein, Seller previously has delivered or made available (at the offices of Seller or its legal counsel) to Purchaser for its review and/or copyingreview, or, if not, within fifteen (15) days after the Effective Date, Seller shall deliver to Purchaser for its review, the following items respecting the Land and the Propertyitems: (a) a. True, correct, complete and legible copies of all Business Agreements, Warranties, Permits, Accreditations, Applicable Notices, Engineering Documents and Seller's Operating and Service Agreements (solely for the purposes of this Section 4.1 and Section 10.18 hereof4.1a., the terms Business Agreements, Warranties, Permits, and Engineering Documents shall include all agreements, documents and instruments otherwise included within such definitions, whether or not the same are assignable by Seller); (b) b. True, correct, complete and legible copies of tax statements or assessments for all real estate and personal property taxes assessed against each the Property for the current and the two prior calendar years, if available; (c) c. True, correct, complete and legible listing of all Fixtures, Personal Property and Excluded Personal Property, including a current depreciation schedule;. (d) d. True, correct, complete and legible copies of all existing fire and extended coverage insurance policies and any other insurance policies pertaining to each Property or certificates setting forth all coverages and deductibles with respect theretothe Property, if any; (e) e. True, correct, complete and legible copies of all instruments evidencing, governing or securing the payment of any loans secured by each Property the property or related thereto. Seller may make such instruments available for inspection and copying by Purchaser at Seller's principal office; (f) f. True, correct, complete and legible copies of any and all environmental studies or impact reports relating to each the Property, if any, and any approvals, conditions, orders or declarations issued by any governmental authority relating thereto (such studies and reports shall include, but not be limited to, reports indicating whether the Property is or has been contaminated by Hazardous Materials and whether the Property is in compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, as applicable); (g) True, correct, complete and legible copies of any and all litigation files with respect to any pending litigation and claim files for any claims made or threatened, the outcome of which might materially affect each Property or the use and operation of each Property, together with summaries and such other more detailed information as Purchaser may reasonably request with respect to any other pending litigation or claim the outcome of which might materially affect Seller or materially affect each Property. (h) The Title Commitment, Exception Documents, Survey and Search Reports.contaminated

Items to Be Furnished to Purchaser by Seller. 4.1 Due Diligence MaterialsDUE DILIGENCE MATERIALS. As a courtesy and without warranty or representation, except as expressly set forth herein, Seller previously has delivered or made available (at the offices of Seller or its legal counsel) to Purchaser for its review and/or copyingreview, or, if not, within fifteen (15) days after the Effective Date, Seller shall deliver to Purchaser for its review, the following items respecting the Land and the Propertyitems: (a) a. True, correct, complete and legible copies of all Business Agreements, Warranties, Permits, Accreditations, Applicable Notices, Engineering Documents and Seller's Operating and Service Agreements (solely for the purposes of this Section 4.1 and Section 10.18 hereof4.1a., the terms Business Agreements, Warranties, Permits, and Engineering Documents shall include all agreements, documents and instruments otherwise included within such definitions, whether or not the same are assignable by Seller); (b) b. True, correct, complete and legible copies of tax statements or assessments for all real estate and personal property taxes assessed against each the Property for the current and the two prior calendar years, if available; (c) c. True, correct, complete and legible listing of all Fixtures, Personal Property and Excluded Personal Property, including a current depreciation schedule;. (d) d. True, correct, complete and legible copies of all existing fire and extended coverage insurance policies and any other insurance policies pertaining to each Property or certificates setting forth all coverages and deductibles with respect theretothe Property, if any; (e) e. True, correct, complete and legible copies of all instruments evidencing, governing or securing the payment of any loans secured by each Property the property or related thereto. Seller may make such instruments available for inspection and copying by Purchaser at Seller's principal office; (f) f. True, correct, complete and legible copies of any and all environmental studies or impact reports relating to each the Property, if any, and any approvals, conditions, orders or declarations issued by any governmental authority relating thereto (such studies and reports shall include, but not be limited to, reports indicating whether the Property is or has been contaminated by Hazardous Materials and whether the Property is in compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, as applicable); (g) g. True, correct, complete and legible copies of any and all litigation files with respect to any pending litigation and claim files for any claims made or threatened, the outcome of which might materially affect each the Property or the use and operation of each the Property, together with summaries and such other more detailed information as Purchaser may reasonably request with respect to any other pending litigation or claim the outcome of which might materially affect Seller or materially affect each the Property. Seller may make such files available for inspection and copying by Purchaser at Seller's principal office. (h) h. The Title Commitment, Exception Documents, Survey and Search Reports. i. Actual operating statements for the Property or, if the Property has not been operated by Seller for twelve months prior to the date of this Agreement, projected operating results for the Property. j. The Certificate of Occupancy, or its equivalent, for the Property.