Items to be Provided by Seller. The parties acknowledge that Seller has made available to Buyer all of the information related to Seller’s ownership and operation of the Property (collectively, the “Property Information”). The Property Information has been provided to Buyer without any representation or warranty of Seller with regard thereto, and Buyer is relying on its own investigations and studies in connection with the acquisition of the Property under this Agreement.
Items to be Provided by Seller. No later than one (1) Business Day after the Effective Date, Seller shall deliver to Buyer accurate and complete copies (in electronic and paper form) of all of the information set forth on Exhibit “G” attached hereto and incorporated herein (“Property Information”). In addition to the foregoing deliveries, Seller shall make available to Buyer at Seller’s office in Lindsay, Oklahoma for inspection and copying the originals of any other documents, instruments, studies, reports, surveys, maps, files, correspondence (including without limitation, tenant correspondence files), reports and other materials related to the Property and not included in the Property Information to the extent the same are in Seller’s possession or control. Seller agrees to update, provide and make available to Buyer new Property Information as it becomes available. Where audited financial statements are required, to the extent Seller does not have audited financial statements, Buyer shall have the right (but not the obligation), at its sole cost and expense, to have its auditor conduct an audit of the property financial statements and other information. Where financial statements are required to be prepared in accordance with generally accepted accounting principals (GAAP), to the extent Seller does not have such financial statements, Buyer shall have the right (but not the obligation), at its sole cost and expense, to have its accountants prepare Seller’s financial statements in accordance with GAAP. In the event that this Agreement is terminated by either party prior to Closing for any reason, Buyer shall promptly return to Seller copies of any items provided by Seller to Buyer.
Items to be Provided by Seller. Seller has delivered to Buyer the applicable information set forth on Exhibit “B” for the Parcel (collectively, the “Property Information”). Buyer acknowledges receipt of the Property Information. Buyer expressly agrees that Seller is furnishing the Property Information to Buyer for informational purposes and, except as expressly provided otherwise herein, without representation or warranty as to the accuracy or completeness of the contents of such Property Information.
Items to be Provided by Seller. No later than one (1) Business Day after the Effective Date, Seller shall deliver to Buyer accurate and complete copies of all of the information set forth on Exhibit “G” attached hereto and incorporated herein (“Property Information”). In addition to the foregoing deliveries, Seller shall make available to Buyer for inspection and copying the originals of any of the Property Information and any and all other documents, instruments, studies, reports, surveys, maps, files, correspondence (including without limitation, tenant correspondence files), reports and other materials related to the Property and not included in the Property Information. Seller agrees to update, provide and make available to Buyer new Property Information as it becomes available to Seller. Where audited financial statements are required, to the extent Property Owner does not have audited financial statements, if so requested by Buyer, Seller shall use all commercially reasonable efforts to cause Property Owner to permit Buyer’s auditor conduct an audit of the property financial statements and other information, at Buyer’s sole cost and expense. Where financial statements are required to be prepared in accordance with generally accepted accounting principals (GAAP), to the extent Property Owner does not have such financial statements, if so requested by Buyer, Seller shall use all commercially reasonable efforts to cause Property Owner to permit Buyer’s accountants prepare Seller’s financial statements in accordance with GAAP, at Buyer’s sole cost and expense.
Items to be Provided by Seller. To the extent not previously delivered to Buyer, Seller shall deliver to Buyer all of the items specified on Exhibit E attached hereto (collectively, the “Property Information”) within three (3) Business Days after the Effective Date to the extent such items are in Seller’s (or its affiliates’ or Property Manager’s) possession or control. Except as otherwise expressly set forth in Section 4.1, Seller makes no representations or warranties of any kind with regard thereto. Buyer agrees not to disclose such non-public Property Information, or any of the provisions, terms or conditions thereof, to any party outside of Buyer’s organization other than its legal counsel, lenders, investors, surveyor, title company, broker, accountants, consultants, officers, partners, directors, members and shareholders. Buyer’s obligations under this Section 3.3 shall survive any termination of this Agreement.
Items to be Provided by Seller. Prior to the Effective Date, Seller shall have delivered to Buyer accurate and complete copies of all of the information set forth on Exhibit “C” attached hereto and incorporated herein (“Property Information”). In addition to the foregoing deliveries, Seller shall make available to Buyer, at Seller’s address set forth in Section
Items to be Provided by Seller. To the extent within Seller’s possession, Seller shall deliver to Buyer (by electronic or overnight delivery) accurate and complete copies of all of the information set forth on Exhibit “G” attached hereto and incorporated herein (“Property Information”). In addition to the foregoing deliveries, Seller shall make available to Buyer for inspection and copying at Seller’s offices located at Xxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000 the originals of any of the Property Information and any and all other documents, instruments, studies, reports, surveys, maps, files, correspondence (including without limitation, Tenant correspondence files), reports and other materials related to the Property and not included in the Property Information. Seller agrees to make available to Buyer new Property Information as it becomes available. Where financial statements are required, Buyer, at its sole cost and expense, shall have the right (but not the obligation) to have its auditor, BDO Xxxxxxx, LLP, or another qualified auditor of Buyer’s choosing conduct an audit of the property financial statements and other information.
Items to be Provided by Seller. No later than one (1) Business Day after the Effective Date, Seller shall deliver to Buyer (by electronic or overnight delivery) accurate and complete copies of all of the information set forth on Exhibit “G” attached hereto and incorporated herein (“Property Information”). In addition to the foregoing deliveries, Seller shall make available to Buyer for inspection and copying at Seller’s offices in Houston, Texas the originals of any of the Property Information and any and all other documents, instruments, studies, reports, surveys, maps, files, correspondence (including without limitation, tenant correspondence files), reports and other materials related to the Property and not included in the Property Information. Notwithstanding the foregoing, however, Seller shall not be obligated to make available to Buyer any information, materials or documents (whether in electronic or printed format) that consist of appraisals, budgets, strategic plans for the Property, internal analyses, information relating to the marketing of the Property for sale, attorney and accountant work product, attorney-client privileged documents, internal correspondence of Seller, any direct or indirect owner of any beneficial interest in Seller, or any of their respective affiliates, and correspondence by and among such parties, or other information in the possession or control of Seller, its property manager or any direct or indirect owner of any beneficial interest in Seller, that Seller, in its sole discretion, deems to be confidential or proprietary to Seller, Seller’s business or operation of Seller’s business. Seller agrees to update, provide and make available to Buyer new Property Information as it becomes available. Except as expressly set forth in this Agreement, Seller has not made and does not make any warranty or representation regarding the truth, accuracy or completeness of the Property Information or the source(s) thereof, and some if not all of the Property Information was prepared by third parties other than Seller. Seller expressly disclaims any and all liability for representations or warranties, express or implied, statements of fact and other matters contained in such information, or for omissions from the Property Information, or in any other written or oral communications transmitted or made available to Buyer. Buyer, at its sole cost and expense, shall have the right (but not the obligation) to have its auditor, BDO Xxxxxxx, LLP, or another qualified auditor ...
Items to be Provided by Seller. No later than three (3) Business Days after the Effective Date, Seller shall deliver to Buyer accurate and complete copies of all of the information set forth on Exhibit “C” (collectively, the “Property Information”).
Items to be Provided by Seller. Seller has as of the date hereof delivered to Purchaser, and Purchaser acknowledges receipt of complete copies of the following, all of which constitute the only items deliverable by Seller to Purchaser hereunder:
