Common use of Keeping of Records and Books of Account; Due Diligence Clause in Contracts

Keeping of Records and Books of Account; Due Diligence. (i) The Investor and the Company shall each maintain records showing the remaining Total Purchase Commitment, the remaining Aggregate Limit and the dates and VWAP Purchase Share Amount for each VWAP Purchase. (ii) Subject to the requirements of Section 6.12, the Investor shall have the right, from time to time as the Investor may reasonably deem appropriate, and upon reasonable advance notice to the Company, to perform reasonable due diligence on the Company and the Operating Partnership during normal business hours; provided, however, that after the Closing Date, the Investor’s continued due diligence of the Company and the Operating Partnership shall not be a condition precedent to, or otherwise impair, delay or modify in any respect, the Company’s right to deliver to the Investor any VWAP Purchase Notice, or the Investor’s obligation to purchase the Shares subject thereto, pursuant to this Agreement. The Company and its officers and employees shall provide information on a reasonably timely basis and otherwise reasonably cooperate with the Investor in connection with any reasonable request by the Investor related to the Investor’s due diligence of the Company and the Operating Partnership.

Keeping of Records and Books of Account; Due Diligence. (i) The Investor and the Company shall each maintain records showing the remaining Total Purchase Commitment, the remaining Aggregate Limit and the dates and VWAP Purchase Share Amount for each VWAP Purchase. (ii) Subject to the requirements of Section 6.12, the Investor, its Investor General Partner and its Investment Manager shall have the right, from time to time as the Investor may reasonably deem appropriate, and upon reasonable advance notice to the Company, to perform reasonable due diligence on the Company and the Operating Partnership during normal business hours; provided, however, that after the Closing Date, the Investor’s continued due diligence of the Company and the Operating Partnership shall not be a condition precedent to, or otherwise impair, delay or modify in any respect, the Company’s right to deliver to the Investor any VWAP Purchase Notice, or the Investor’s obligation to purchase the Shares subject thereto, pursuant to this Agreement. The Company and its officers and employees shall provide information on a reasonably timely basis and otherwise reasonably cooperate with the Investor, its Investor General Partner and its Investment Manager in connection with any reasonable request by the Investor any of them related to the Investor’s due diligence of the Company and the Operating Partnership.

Keeping of Records and Books of Account; Due Diligence. (i) The Investor and the Company shall each maintain records showing the Commitment Shares (to the extent they remain payable), the remaining Total Purchase Commitment, the remaining Aggregate Limit and the applicable dates and VWAP Purchase Share Amount for each VWAP Purchase. (ii) Subject to the requirements of Section 6.12, the The Investor shall have the right, from time to time as the Investor may reasonably deem appropriate, and upon reasonable advance notice to the Company, to perform reasonable due diligence on the Company and the Operating Partnership during normal business hours; provided, however, that after the Closing Date, the Investor’s continued due diligence of the Company and the Operating Partnership shall not be a condition precedent to, or otherwise impair, delay or modify in any respect, the Company’s right to deliver to the Investor any VWAP Purchase Notice, or the Investor’s obligation to purchase the Shares subject thereto, pursuant to this Agreement. The Company and its officers and employees shall provide information on a reasonably timely basis and otherwise reasonably cooperate with the Investor in connection with any reasonable request by the Investor related to the Investor’s due diligence of the Company and the Operating PartnershipCompany.

Keeping of Records and Books of Account; Due Diligence. (i) The Investor and the Company shall each maintain records showing the remaining the remaining Total Purchase Commitment, the remaining Aggregate Limit and the dates and Fixed Purchase Share Amount and VWAP Purchase Share Amount for each Fixed Purchase, and each VWAP Purchase, respectively. (ii) Subject to the requirements of Section 6.12, the The Investor shall have the right, from time to time as the Investor may reasonably deem appropriate, and upon reasonable advance notice to the Company, to perform reasonable due diligence on the Company and the Operating Partnership during normal business hours; provided, however, that after the Closing Date, the Investor’s continued due diligence of the Company and the Operating Partnership shall not be a condition precedent to, or otherwise impair, delay or modify in any respect, the Company’s right to deliver to the Investor any Fixed Purchase Notice and any VWAP Purchase Notice, or the Investor’s obligation to purchase the Shares subject thereto, pursuant to this Agreement. The Company and its officers and employees shall provide information on a reasonably timely basis and otherwise reasonably cooperate with the Investor in connection with any reasonable request by the Investor related to the Investor’s due diligence of the Company and the Operating PartnershipCompany.