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 10.19 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 MATERIALS5.1 Due Diligence Materials. As a courtesy and without warranty or representationSeller shall deliver to Purchaser, except as expressly set forth hereinat Purchaser’s address, 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 applicable Parcel(s) of Property or Ground Lease Property: (a) True, correct, complete and legible copies of of, any leases affecting the Property and all Business Agreements, Warranties, Permits, Applicable Notices, Engineering Documents and Seller's ’s Operating and Service Agreements (solely for the purposes of this Section 4.1 and Section 10.19 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 the Property for the current and the two prior calendar years, if available; (c) True, correct, complete and legible listing of all Fixtures, Personal Property Fixtures 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 the 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 governing, or securing the payment of any loans secured by each the Property or related thereto; (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 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. (h) The Title Commitment, Exception Documents, Survey Survey, Environmental Report, Site Plan and Search ReportsReports within ten (10) days after the Option Date. (i) True, correct, complete and legible copies of any and all operating statements for the Property and such other records of the business, financial condition and operation of the Property as Purchaser, in its sole discretion, deems necessary or appropriate. Seller shall give Purchaser written notice at such time as all deliveries required by this Section 5.1 have been completed.

Items to Be Furnished to Purchaser by Seller. 4.1 DUE DILIGENCE MATERIALSDue Diligence Materials. As a courtesy and without warranty or representationSeller shall deliver to Purchaser, except as expressly set forth hereinat Purchaser’s address, 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 any leases affecting the Property and all Business Agreements, Warranties, Permits, Applicable Notices, Engineering Documents and Seller's ’s Operating and Service Agreements (solely for the purposes of this Section 4.1 and Section 10.19 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 the 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 the 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 governing, or securing the payment of any loans secured by each the Property or related thereto; (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 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.; (h) The Title CommitmentSurvey (if any), Exception DocumentsEnvironmental Report, Survey Site Plan and Search ReportsReports within ten (10) days after the Effective Date; (i) True, correct, complete and legible copies of any and all operating statements for the Property and such other records of the business, financial condition and operation of the Property as Purchaser, in its sole discretion, deems necessary or appropriate.

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 hereinPrior to the execution hereof, Seller previously has shall have delivered to Purchaser or made available (to Purchaser at the offices of Seller or its legal counsel) to Purchaser Property for its review and/or copying, the following items respecting the Land and the Propertyitems: (a) True, correct, complete and legible copies of all Business AgreementsTenant Leases, Warranties, Permits, Applicable Notices, Engineering Documents and Seller's Operating and Service Agreements (solely for the purposes of this Section 4.1 and Section 10.19 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)Documents; (b) A true, correct, complete and legible rent roll of all existing Tenant Leases, if any, setting forth with respect to each of the Tenant Leases: (i) the premises covered; (ii) the date of such Tenant Lease and all amendments and modifications thereto; (iii) the name of the Tenant, licensee or occupant; (iv) the term, including specification of the commencement date and the termination date; (v) the rents; (vi) the nature and amount of the security deposits thereunder, if any; (vii) options to renew or extend contained in any of the Tenant Leases; (viii) the status of Tenant improvements to be performed by Seller; and (c) True, correct, complete and legible copies of the following items: (i) tax statements or assessments for all real estate and personal property taxes assessed against each the Property for the current and the prior two prior calendar years, if available; (cii) True, correct, complete and legible listing certificates of all Fixtures, Personal Property and Excluded Personal Property, including a current depreciation schedule; (d) True, correct, complete and legible copies of insurance evidencing 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 anythe Property; (eiii) True, correct, complete and legible copies of all instruments evidencing, governing or securing the payment of any loans secured by each the Property or related thereto; (fiv) True, correct, complete audited balance sheets and legible copies income statements of any Guarantor for 1996 and 1997; (v) all environmental studies or impact reports relating to each Propertythe Property in possession or control of Seller, 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 applicableMaterials);; and (gvi) True, correct, complete and legible copies of any and all litigation files files, if any, with respect to any pending litigation and claim files for any claims made or threatened, the outcome of which might materially affect each have a material adverse effect on the 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.