Common use of New Matters Notice Clause in Contracts

New Matters Notice. In the event that prior to the Closing, (A) any new title exceptions are discovered or revealed, which new title exceptions were not otherwise set forth or referred to in the Title Commitment, the Existing Surveys or the Updated Surveys, as applicable, and which are not the result of an act or omission of Buyer, or its agents or representatives; (B) altered circumstances relating to the Real Property and/or the Improvements (other than alterations resulting from an act or omission of Buyer, or its agents or representatives) cause any title exceptions that were included in the Title Commitment, the Existing Surveys or the Updated Surveys, as applicable, to now have a material adverse affect on the Real Property; (C) any item which was included as part of Seller’s Deliveries that Seller delivered to Buyer in accordance with the terms and conditions of this Agreement, is subsequently and materially and adversely modified, supplemented or amended; or (D) any item which would have been included as part of Seller’s Deliveries, but was not in existence, not issued or otherwise not available for delivery to Buyer in accordance with the terms and conditions of this Agreement, is subsequently issued or becomes available (each, a “New Matter” and collectively, the “New Matters”) and has a material adverse affect on the Real Property, then Seller shall immediately deliver written notice to Buyer disclosing the existence of such New Matters (the “New Matters Notice”), together with copies of all documents, agreements, items or instruments relating thereto.

New Matters Notice. In the event that prior to the Closing, (A) any new title exceptions are discovered or revealed, which new title exceptions were not otherwise set forth or referred to in the Title Commitment, the Existing Surveys or the Updated Surveys, as applicable, and which are not the result of an act or omission of Buyer, or its agents or representatives; (B) altered circumstances relating to the Real Property and/or the Improvements (other than alterations resulting from an act or omission of Buyer, or its agents or representatives) cause any title exceptions that were included in the Title Commitment, the Existing Surveys or the Updated Surveys, as applicable, to now have a material adverse affect on the Real Property; (C) any item which was included as part of Seller’s Deliveries that Seller delivered to Buyer in accordance with the terms and conditions of this Agreement, is subsequently and materially and adversely modified, supplemented or amended; or (D) any item which would have been included as part of Seller’s Deliveries, but was not in existence, not issued or otherwise not available for delivery to Buyer in accordance with the terms and conditions of this Agreement, is subsequently issued or becomes available (each, a “New Matter” and collectively, the “New Matters”) ), and has a material adverse affect on the Real Property, then Seller shall immediately deliver written notice to Buyer disclosing the existence of such New Matters (the “New Matters Notice”), together with copies of all documents, agreements, items or instruments relating thereto.

New Matters Notice. In the event that prior to the Closing, (A) any new title exceptions (other than the Rosewick Amendment Agreements and any other New Encumbrances approved or deemed approved as provided in subsection (g) above) are discovered or revealed, which new title exceptions were not otherwise set forth or referred to in the Preliminary Title Commitment, the Existing Surveys Report or the Updated Surveys, as applicableSurvey, and which are not the result of an act or omission of Buyer, or its agents or representatives; (B) altered circumstances relating to the Real Property and/or the Improvements (other than alterations resulting from an act or omission of Buyer, or its agents or representatives) cause any title exceptions that were included in the Preliminary Title Commitment, the Existing Surveys Report or the Updated Surveys, as applicable, Survey to now have a material adverse affect effect on the Real PropertyProperty and/or the Improvements; (C) any item which was included as part of Seller’s Deliveries that Seller delivered to Buyer in accordance with the terms and conditions of this Agreement, is subsequently and materially and adversely modified, supplemented or amendedamended in any material adverse respect; or (D) any item which would have been included as part of Seller’s Deliveries, but was not in existence, not issued or otherwise not available for delivery to Buyer in accordance with the terms and conditions of this Agreement, is subsequently issued or becomes available and such item has a material adverse effect on the Property (each, a “New Matter” and collectively, the “New Matters”) and has a material adverse affect on the Real Property), then Seller shall immediately deliver written notice to Buyer disclosing the existence of such New Matters (the “New Matters Notice”)) upon learning of the same, together with copies of all documents, agreements, items or instruments relating thereto.

New Matters Notice. In the event that prior to the Closing, (A) any new title exceptions are discovered or revealed, which new title exceptions were not otherwise set forth or referred to in the Title Commitment, the Existing Surveys Survey or the Updated SurveysSurvey, as applicable, and which are not the result of an act or omission of Buyer, or its agents or representatives; (B) altered circumstances relating to the Real Property and/or the Improvements (other than alterations resulting from an act or omission of Buyer, or its agents or representatives) cause any title exceptions that were included in the Title Commitment, the Existing Surveys Survey or the Updated SurveysSurvey, as applicable, to now have a material adverse affect on the Real Property; (C) any item which was included as part of Seller’s Deliveries that Seller delivered to Buyer in accordance with the terms and conditions of this Agreement, is subsequently and materially and adversely modified, supplemented or amended; or (D) any item which would have been included as part of Seller’s Deliveries, but was not in existence, not issued or otherwise not available for delivery to Buyer in accordance with the terms and conditions of this Agreement, is subsequently issued or becomes available (each, a “New Matter” and collectively, the “New Matters”) and has a material adverse affect on the Real Property, then Seller shall immediately deliver written notice to Buyer disclosing the existence of such New Matters (the “New Matters Notice”), together with copies of all documents, agreements, items or instruments relating thereto.

New Matters Notice. In the event that prior to the Closing, (A) any new title exceptions (other than the Brandywine Amendment Agreements and any other New Encumbrances approved or deemed approved as provided in subsection (g) above) are discovered or revealed, which new title exceptions were not otherwise set forth or referred to in the Preliminary Title Commitment, the Existing Surveys Report or the Updated Surveys, as applicableSurvey, and which are not the result of an act or omission of Buyer, or its agents or representatives; (B) altered circumstances relating to the Real Property and/or the Improvements (other than alterations resulting from an act or omission of Buyer, or its agents or representatives) cause any title exceptions that were included in the Preliminary Title Commitment, the Existing Surveys Report or the Updated Surveys, as applicable, Survey to now have a material adverse affect effect on the Real PropertyProperty and/or the Improvements; (C) any item which was included as part of Seller’s Deliveries that Seller delivered to Buyer in accordance with the terms and conditions of this Agreement, is subsequently and materially and adversely modified, supplemented or amendedamended in any material adverse respect; or (D) any item which would have been included as part of Seller’s Deliveries, but was not in existence, not issued or otherwise not available for delivery to Buyer in accordance with the terms and conditions of this Agreement, is subsequently issued or becomes available and such item has a material adverse effect on the Property (each, a “New Matter” and collectively, the “New Matters”) and has a material adverse affect on the Real Property), then Seller shall immediately deliver written notice to Buyer disclosing the existence of such New Matters (the “New Matters Notice”)) upon learning of the same, together with copies of all documents, agreements, items or instruments relating thereto.

New Matters Notice. In the event that prior to the Closing, (A) any new title exceptions are discovered or revealed, which new title exceptions were not otherwise set forth or referred to in the Title Commitment, the Existing Surveys Survey or the Updated SurveysSurvey, as applicable, and which are not the result of an act or omission of Buyer, or its agents or representatives; (B) altered circumstances relating to the Real Property and/or the Improvements (other than alterations resulting from an act or omission of Buyer, or its agents or representatives) cause any title exceptions that were included in the Title Commitment, the Existing Surveys Survey or the Updated SurveysSurvey, as applicable, to now have a material adverse affect on the Real Property; (C) any item which was included as part of Seller’s Deliveries that Seller delivered to Buyer in accordance with the terms and conditions of this Agreement, is subsequently and materially and adversely modified, supplemented or amended; or (D) any item which would have been included as part of Seller’s Deliveries, but was not in existence, not issued or otherwise not available for delivery to Buyer in accordance with the terms and conditions of this Agreement, is subsequently issued or becomes available (each, a “New Matter” and collectively, the “New Matters”) ), and has a material adverse affect on the Real Property, then Seller shall immediately deliver written notice to Buyer disclosing the existence of such New Matters (the “New Matters Notice”), together with copies of all documents, agreements, items or instruments relating thereto.