Common use of Items to be Provided by Seller Clause in Contracts

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. 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 (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 at Seller’s offices in Lufkin, 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 to the extent the same are in Seller’s possession or controlInformation. 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 statementsBuyer, Buyer at its sole cost and expense, shall have the right (but not the obligation), at its sole cost and expense, ) 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. 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. 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 (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 at Seller’s offices in Greenwood, Colorado 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 to the extent the same are in Seller’s possession or controlInformation. 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 statementsBuyer, Buyer at its sole cost and expense, shall have the right (but not the obligation), at its sole cost and expense, ) 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. Where financial statements are required to be prepared in accordance with generally accepted accounting principals principles (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.