Common use of Property Materials Clause in Contracts

Property Materials. 3.5.1 Within ten (10) days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative and Sellers’ Representative shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the Properties. 3.5.3 In addition to the items set forth on Schedule 4, no later than five (5) Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11.

Property Materials. 3.5.1 Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property Lease (collectively, the “Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 In addition to the items set forth on Schedule 43.5, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “"Property Contracts Lists”List"). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 3.5.1. Within ten (10) 3 days after the Effective Date, and to the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s 's option and within the foregoing time 3-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days 3 days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s 's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 3.5.2. In providing the Materials to Purchaser, other than Seller’s 's Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, if requested by Seller, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. In the event Seller requests that Purchaser deliver any Third-Party Reports as provided above, Seller shall reimburse Purchaser for the actual out-of-pocket costs incurred by Purchaser in obtaining such Third-Party Reports. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s 's possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 3.5.3. In addition to the items set forth on Schedule 43.5, no later than five (5) Business Days 3 days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in Lease (the ordinary course of operating its Property (collectively, the “"Rent Rolls”Roll"). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 3.5.4. In addition to the items set forth on Schedule 43.5, no later than 5 Business Days 3 days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “"Property Contracts Lists”List"). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) days after the Effective Date, and to To the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period's option, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s 's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing such information and the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Any information and Materials are provided by Seller to Purchaser pursuant to this Contract is for informational purposes only and, together with all Third-Party Third‑Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser (if Purchaser is otherwise entitled to such Deposit pursuant to the terms of this Contract) if this Contract is terminated for any reason. Recognizing Purchaser shall not in any way be entitled to rely upon the accuracy of such information and Materials. Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s 's possession or control, but are those that are readily and reasonably available to such SellerSeller after reasonable inquiry to ascertain their availability. Purchaser understands that, although Seller will use commercially reasonable efforts to locate and make available the Materials and other documents required to be delivered or made available by Seller pursuant to this Contract, Purchaser shall will not in any way be entitled rely on such Materials or other documents as being a complete and accurate source of information with respect to rely upon the completeness or accuracy of the Materials Property, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 3 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move‑in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property Lease (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11."Rent Roll"

Property Materials. 3.5.1 Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s 's option and within the foregoing time period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s 's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s 's Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s 's possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in Lease (the ordinary course of operating its Property (collectively, the “"Rent Rolls”Roll"). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 In addition to the items set forth on Schedule 43.5, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “"Property Contracts Lists”List"). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) days 3 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not already been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers or their agents use reasonable efforts to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or at Seller's option make available at the same available to Purchaser on a secure web site (Purchaser agrees Property, copies of such documents and information concerning the Property that any item are in Seller's possession or reasonable control, other than such documents and information that Seller deems to be delivered by a Seller under this Contract shall be deemed delivered to confidential or proprietary (collectively, the extent available to Purchaser on such secured web site"Materials"). To the extent that Purchaser determines that any copies of the Materials have not been made Leases are available or delivered and in Seller's reasonable possession and control, Seller agrees to make such copies of the Leases available to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative and Sellers’ Representative shall use commercially reasonable efforts to deliver at the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2Property. 3.5.2 In providing the Materials to Purchaser, other than Except as expressly set forth in Seller’s 's Representations, each Seller makes no representation representations or warrantywarranties, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only andonly, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials Materials, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. All Materials and Third-Party Reports shall be either returned or certified to Seller as destroyed by Purchaser if this Contract is terminated for any reason. 3.5.3 In addition to the items set forth on Schedule 4, no Not later than five (5) 3 Business Days after the Effective Date, each and to the extent the same has not already been provided by Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which is the rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its the Property (collectively, the “"Rent Rolls”Roll"). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.5. 3.5.4 In addition to the items set forth on Schedule 4, no Not later than 5 3 Business Days after the Effective Date, and to the extent the same have has not already been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “"Property Contracts Lists”List"). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.6.

Property Materials. 3.5.1 Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not already been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers or their agents use reasonable efforts to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or at Seller's option make available at the same available to Purchaser Property, copies of such documents and information concerning the Property that are in Seller's possession or reasonable control (including without limitation the materials specified on a secure web site (Purchaser agrees Exhibit I attached hereto and incorporated by this reference) other than such documents and information that any item Seller deems to be delivered by a Seller under this Contract shall be deemed delivered to confidential or proprietary (collectively, the extent available to Purchaser on such secured web site"Materials"). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative and Sellers’ Representative shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Except as expressly set forth in Seller’s 's Representations, each Seller makes no representation representations or warrantywarranties, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only andonly, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials Materials, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. All Materials and Third-Party Reports shall be returned to Seller or destroyed by Purchaser if this Contract is terminated for any reason. 3.5.3 In addition to the items set forth on Schedule 4, no Not later than five (5) 3 Business Days after the Effective Date, each and to the extent the same has not already been provided by Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which is the rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its the Property (collectively, the “"Rent Rolls”Roll"). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.5. 3.5.4 In addition to the items set forth on Schedule 4, no Not later than 5 3 Business Days after the Effective Date, and to the extent the same have has not already been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “"Property Contracts Lists”List"). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.6.

Property Materials. 3.5.1 Within ten (10) days after On or prior to the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller Xxxxxx agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract Agreement shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract Agreement pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, as to the truth, accuracy, completeness or otherwise, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract Agreement is terminated for any reason, Purchaser shall certify in writing to Seller the destruction of such Materials, other than those subject to Purchaser’s file retention policy, within five (5) Business Days of Seller’s written request. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract Agreement may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the Properties. 3.5.3 In addition Property. Notwithstanding the foregoing or anything contained herein to the items set forth on Schedule 4contrary, no later than five (5) Business Days after the Effective Date, each Seller shall deliver and as an accommodation to Purchaser (or otherwise make available and with no liability to Seller of any kind unless Seller knew such representation to be untrue when made), Seller (x) represents that to Seller’s actual knowledge, none of the Materials provided by Seller to Purchaser as provided under Section 3.5.1contains information that could reasonably be expected to constitute material non-public information regarding a publicly held company and (y) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is agrees that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver it will provide prompt written notice to Purchaser (if it actually knows or otherwise make available suspects that the foregoing representation is no longer true at any time during the term of this Agreement prior to Closing and shall provide Purchaser the option as provided under Section 3.5.1) a list of all current Property Contracts for to whether it wants to receive such information before providing the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11same.

Property Materials. 3.5.1 (a) Within ten three (103) days Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (or readily available to Seller) (subject to Section 3.5.22.5(b) below), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 2.5 attached hereto (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Propertycollectively, the “Materials”) relating available to its Property available Purchaser, whether at its Property Seller’s offices or through an online due diligence room, for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.12.5(a), Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five three (53) Business Days days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract Agreement pursuant to Section 3.22.2 above. 3.5.2 (b) In providing the such information and Materials to Purchaser, other than Seller’s RepresentationsRepresentations (as defined below), each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed, except as provided in Seller’s Representations. All Any information and Materials provided by Seller to Purchaser under the terms of this Agreement are provided for informational purposes only and, together with all reports, studies or other information prepared or compiled for Purchaser by any Consultant or other third-party in connection with Purchaser’s investigation of the Property (collectively, “Third-Party Reports”), shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser Seller) if this Contract Agreement is terminated for any reasonreason in accordance with the terms hereof. Recognizing Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Sellers Seller pursuant to this Contract Agreement may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such SellerSeller after reasonable inquiry to ascertain their availability. Purchaser understands that, Purchaser shall not in any way be entitled although Seller will use commercially reasonable efforts to rely upon the completeness or accuracy of locate and make available the Materials and other documents required to be delivered or made available by Seller pursuant to this Agreement, Purchaser will not rely on such Materials or other documents as being a complete and accurate source of information with respect to the Property, and, except with respect to those items that are represented in Seller’s Representations, will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to (c) The provisions of this Section 2.5 shall survive the items set forth on Schedule 4, no later than five (5) Business Days after Closing and delivery of the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller Deed to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11.

Property Materials. 3.5.1 3.5.1. Within ten (10) 3 days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time 3-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days 3 days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 3.5.2. In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, if requested by Seller, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. In the event Seller requests that Purchaser deliver any Third-Party Reports as provided above, Seller shall reimburse Purchaser for the actual out-of-pocket costs incurred by Purchaser in obtaining such Third-Party Reports. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 3.5.3. In addition to the items set forth on Schedule 43.5, no later than five (5) Business Days 3 days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property Lease (collectively, the “Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 3.5.4. In addition to the items set forth on Schedule 43.5, no later than 5 Business Days 3 days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts ListsList”). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten five (105) days Business Days after the Effective Date, and to the extent the same exist have not already been provided by Seller to Purchaser, Seller agrees to deliver to Purchaser, copies of such documents and information concerning the Property that are in a Seller’s possession or reasonable control (subject to Section 3.5.2)except for Leases of residential apartment living units, and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers or their agents which Leases shall be available to Purchaser with respect to for inspection and review at the Property) other than such documents and information that Seller reasonably determines are confidential, proprietary or immaterial (collectively, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative and Sellers’ Representative shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Except as expressly set forth in Seller’s Representations, each Seller makes no representation representations or warrantywarranties, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only andonly, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials Materials, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. All Materials and Third-Party Reports shall be returned to Seller or destroyed by Purchaser if this Contract is terminated for any reason. 3.5.3 In addition to the items set forth on Schedule 4, no Not later than five (5) Business Days after the Effective Date, each and to the extent same has not already been provided by Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which is the rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its the Property (collectively, the “Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.5. 3.5.4 In addition to the items set forth on Schedule 4, no Not later than 5 five (5) Business Days after the Effective Date, and to the extent the same have has not already been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts ListsList”). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.6.

Property Materials. 3.5.1 Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), ) and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make deliver to Purchaser the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the ““ Materials”) relating ), or, at Seller’s option, make the same available to its Property available Purchaser at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the Properties. 3.5.3 In addition to the items set forth on Schedule 4, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its the Property (collectively, the ““ Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.5. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts ListsList”). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.6.

Property Materials. 3.5.1 Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not already been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers or their agents use reasonable efforts to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or at Seller's option make available at the same available to Purchaser on Property, copies of such documents and information concerning the Property that are in Seller's possession or reasonable control, including without limitation a secure web site (Purchaser agrees year-to-date operating statement and the last two years’ operating statements for the Property, other than such documents and information that any item Seller deems to be delivered by a Seller under this Contract shall be deemed delivered to confidential or proprietary (collectively, the extent available to Purchaser on such secured web site"Materials"). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative and Sellers’ Representative shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Except as expressly set forth in Seller’s 's Representations, each Seller makes no representation representations or warrantywarranties, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only andonly, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials Materials, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. All Materials and Third-Party Reports shall be returned to Seller or destroyed by Purchaser if this Contract is terminated for any reason. 3.5.3 In addition to the items set forth on Schedule 4, no Not later than five (5) 5 Business Days after the Effective Date, each and to the extent the same has not already been provided by Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which is the rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its the Property (collectively, the “"Rent Rolls”Roll"). Sellers make Seller shall provide Purchaser with an updated Rent Roll on the 10th day of each subsequent calendar month and within two (2) business days, as and when requested, from a Proposed Lender. Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.5. 3.5.4 In addition to the items set forth on Schedule 4, no Not later than 5 Business Days after the Effective Date, and to the extent the same have has not already been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “"Property Contracts Lists”List"). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.6. 3.5.5 Within 5 Business Days after delivery the Property Contracts List, Seller shall deliver to Purchaser a copy of each Property Contract set forth in the Property Contacts List and such deliveries shall be deemed part of the Materials hereunder. 3.5.6 During the Feasibility Period, Seller will generate and deliver to Purchaser an inventory of Fixtures and Tangible Personal Property located within the management office (and including a list of maintenance vehicles and equipment) to be conveyed to Purchaser pursuant to this Contract, but such inventory will not include any Fixtures and Tangible Personal Property located within the units which are leased at the Property.

Property Materials. 3.5.1 Within ten (10) days 3 Business Days after the Effective Date, and to the extent the same exist have not already been provided by Seller to Purchaser, Seller agrees to use reasonable efforts to deliver to Purchaser, or at Seller’s option make available at the Property, copies of such documents and information concerning the Property that are in a Seller’s possession or reasonable control (subject including, to Section 3.5.2the extent available and in Seller’s possession or reasonable control, all environmental reports and studies which relate to the Property and were prepared for Seller by third parties, any and all O&M plans relating to any remediation work performed by Seller at the Property, and any and all investigation studies from the Metro-Nashville Fire Department relating to the Damaged Property (as defined below)), other than such documents and have not been heretofore provided by a information that Seller to Purchaserreasonably determines are confidential, Seller agrees to make the documents set forth on Schedule 4 proprietary or immaterial (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Propertycollectively, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative and Sellers’ Representative shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Except as expressly set forth in Seller’s Representations, each Seller makes no representation representations or warrantywarranties, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials and Third-Party Reports are provided for informational purposes only and, together with all only. All Materials and Third-Party Reports, Reports shall be returned to Seller or destroyed by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the Properties. 3.5.3 In addition to the items set forth on Schedule 4, no Not later than five (5) 3 Business Days after the Effective Date, each and to the extent same has not already been provided by Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.5. 3.5.4 In addition to the items set forth on Schedule 4, no Not later than 5 3 Business Days after the Effective Date, and to the extent same have not already been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts ListsList”). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.6.

Property Materials. 3.5.1 Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist have not already been provided by Sellers to Purchaser, each Seller agrees to deliver to Purchaser copies of all relevant documents and information concerning its Property that are in a such Seller’s possession or reasonable control control, other than such documents and information that are confidential or proprietary (subject to Section 3.5.2collectively, the “Materials”), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers or their agents . The Materials delivered to Purchaser shall include, without limitation, (i) each Seller’s form of residential lease agreement used at its Property, (ii) all Property Contracts, (iii) all engineering studies, environmental reports, termite inspections or warranties, which relate to a Property and were prepared the applicable Seller by third parties, if any and (iv) guaranties or warranties with respect to the Property, if any. If, due to the “Materials”) relating size or type of a particular Material, it would be unreasonable for Seller to its deliver to Purchaser a copy of such Material, then, in such Seller’s sole discretion, such Seller may make the same available to Purchaser at the applicable Property available at its Property or on a secured web site for review and copying by Purchaser, which review and copying by Purchaser shall be at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative and, to the extent the same exist and Sellers’ Representative are in a Seller’s possession or reasonable control, such Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2Sellers’ Representative. 3.5.2 In providing the Materials to Purchaser, other than Except as expressly set forth in Seller’s Representations, each Seller makes no representation representations or warrantywarranties, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials and Third-Party Reports are provided for informational purposes only and, together with all only. All Materials and Third-Party Reports, Reports shall be returned destroyed by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that This Section 3.5.2 shall survive the Materials delivered Closing or made available by Sellers pursuant to the earlier termination of this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesContract. 3.5.3 In addition to the items set forth on Schedule 4, no Not later than five (5) 5 Business Days after the Effective Date, and to the extent same has not already been provided by a Seller to Purchaser, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 In addition to the items set forth on Schedule 4, no Not later than 5 Business Days after the Effective Date, and to the extent same have not already been heretofore provided by a Seller to Purchaser, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) 10 days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time 10-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the such information and Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Any information and Materials are provided by Seller to Purchaser under the terms of this Contract is for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit (or the applicable portion thereof) to Purchaser (if Purchaser is otherwise entitled to such Deposit pursuant to the terms of this Contract) if this Contract is terminated for any reason. Recognizing Purchaser shall not in any way be entitled to rely upon the accuracy of such information and Materials. Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such SellerSeller after reasonable inquiry to ascertain their availability. Purchaser understands that, although Seller will use commercially reasonable efforts to locate and make available the Materials and other documents required to be delivered or made available by Seller pursuant to this Contract, Purchaser shall will not in any way be entitled rely on such Materials or other documents as being a complete and accurate source of information with respect to rely upon the completeness or accuracy of the Materials Property, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no not later than five (5) 10 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property Lease (collectively, the “Rent RollsRoll”). Sellers make The Rent Roll shall be part of the Materials for all purposes under this Contract and Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.7. 3.5.4 In addition to The provisions of this Section 3.5 shall survive the items set forth on Schedule 4, no later than 5 Business Days after Closing and delivery of the Effective Date, and to the extent same have not been heretofore provided by a Seller Deed to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11.

Property Materials. 3.5.1 Within ten (10) 5 days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “Materials”) relating to its the Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time 5-day period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. In addition to the items set forth on Schedule 3.5, no later than 5 days after the Effective Date, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under this Section 3.5.1) rent rolls for the Property listing the move-in date, monthly base rent payable, lease expiration date and unapplied security deposit for each Lease (each a “Rent Roll” and collectively, the “Rent Rolls”). The Rent Rolls shall be part of the Materials for all purposes under this Contract and Seller make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.7. Seller shall update the Rent Rolls in accordance with Section 5.2.13. 3.5.2 In providing the such information and Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Any information and Materials are provided by Seller to Purchaser under the terms of this Contract is for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller as a condition to return of the Deposit to Purchaser (if Purchaser is otherwise entitled to such Deposit pursuant to the terms of this Contract) if this Contract is terminated for any reason. Recognizing Purchaser shall not in any way be entitled to rely upon the accuracy of such information and Materials. Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such SellerSeller after reasonable inquiry to ascertain their availability. Purchaser understands that, although Seller will use commercially reasonable efforts to locate and make available the Materials and other documents required to be delivered or made available by it pursuant to this Contract, Purchaser shall will not in any way be entitled rely on such Materials or other documents as being a complete and accurate source of information with respect to rely upon the completeness or accuracy of the Materials Property, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. Nothing herein shall limit in any way Seller’ Representations or Purchaser’s rights with respect thereto. 3.5.3 In addition to The provisions of this Section 3.5 shall survive the items set forth on Schedule 4, no later than five (5) Business Days after Closing and delivery of the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller Deed to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11.

Property Materials. 3.5.1 3.5.1. Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 3.5.2. In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 3.5.3. In addition to the items set forth on Schedule 43.5, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property Lease (collectively, the “Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 3.5.4. In addition to the items set forth on Schedule 43.5, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts ListsList”). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) days after Prior to the Effective Date, Seller made available to Buyer copies of the documents listed on Exhibit C attached hereto for the Property and made a part hereof (collectively, the “Property Materials”), which may be delivered in hard copy, electronic media or a secured website drop box, in Seller’s discretion. The Property Materials are Permitted Exceptions (as defined below). The documents described in Part I of Exhibit C are collectively referred to as the “Master Planning Documents.” Buyer acknowledges and agrees that the Property Materials and any updates thereto and any other documents and information provided to Buyer by or on behalf of Seller, are and will be furnished under the express condition that Buyer shall make its independent verification of the accuracy of the information and Seller has delivered the Property Materials without any representation or warranty as to the accuracy, completeness, reliability or usefulness of the same, except as expressly provided in this Agreement. Notwithstanding the foregoing, to the extent any of the same exist Property Materials and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), any updates thereto and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 (together with any other documents or and information provided to Buyer by Sellers or their agents on behalf of Seller, if any, were obtained by Seller from third-party consultants or providers, at Buyer’s request, Seller shall reasonably cooperate with Buyer, at no material expense to Purchaser Seller, to request each such preparer to provide Buyer with a reliance letter reasonably acceptable to Buyer confirming Buyer’s right to rely upon and use such Property Materials. Except as expressly set forth herein, Seller shall have no obligation to have any of the Property Materials updated for Buyer or revised to be certified to Buyer. If the Escrow is terminated for any reason whatsoever (except Seller’s default), all Property Materials shall be promptly destroyed or returned to Seller; provided that if the Escrow is terminated as a result of a Buyer’s default, if requested by Seller in writing, Buyer shall also deliver to Seller as a courtesy, without charge therefor and without any representation or warranty whatsoever, the results and copies of any and all inspections, studies, tests, surveys or updates to any of the Property Materials, each which were obtained by or on behalf of Buyer from third parties with respect to the Property, the “Materials”) relating except such information that is confidential or proprietary. Any items delivered to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract Section shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative and Sellers’ Representative shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or impliedan “As-Is” basis, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for without any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the Properties. 3.5.3 In addition to the items set forth on Schedule 4, no later than five (5) Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding whatsoever, and used at the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition user’s own risk. Seller releases Buyer and its consultants from any and all claims arising out of or related to any use of the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”)hereunder. Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11.Further,

Property Materials. 3.5.1 Within ten (10) 10 days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time 10-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the such information and Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Any information and Materials are provided by Seller to Purchaser under the terms of this Contract is for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit (or the applicable portion thereof) to Purchaser (if Purchaser is otherwise entitled to such Deposit pursuant to the terms of this Contract) if this Contract is terminated for any reason. Recognizing Purchaser shall not in any way be entitled to rely upon the accuracy of such information and Materials. Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such SellerSeller after reasonable inquiry to ascertain their availability. Purchaser understands that, although Seller will use commercially reasonable efforts to locate and make available the Materials and other documents required to be delivered or made available by Seller pursuant to this Contract, Purchaser shall will not in any way be entitled rely on such Materials or other documents as being a complete and accurate source of information with respect to rely upon the completeness or accuracy of the Materials Property, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no not later than five (5) 10 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property Lease (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11."Rent Roll"

Property Materials. 3.5.1 Within ten (10) days after the Effective Date, and to the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 C (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s 's option and within the foregoing time 10-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s Buyer's sole remedy will be to terminate this Contract pursuant to Section 3.2. Purchaser has advised Seller that Purchaser must comply with Securities and Exchange Commission Regulation S-X (17 C.F.R.ss.Part 210) ("Regulation S-X"), including, but not limited to, Item 3-14, which requires Purchaser to cause to be prepared three (3) years of audited income statements for the Property. Seller agrees to make a commercially reasonable effort to provide to Purchaser, at no cost to Seller, any reasonable financial information, financial statements and supporting documentation in Seller's possession or under Seller's control as are necessary for Purchaser's auditors to prepare such audited income statements in compliance with Regulation S-X. 3.5.2 In providing the such information and Materials to Purchaser, other than Seller’s 's Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Any information and Materials are provided by Seller to Purchaser under the terms of this Contract is for informational purposes only and, together only. Purchaser agrees to provide Seller with a copy of all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Reports as a condition to return of the Deposit to Purchaser (if Purchaser is otherwise entitled to such Deposit pursuant to the terms of this Contract) if this Contract is terminated for any reason, provided, however, that any such Third-Party Reports provided to Seller shall be provided for informational purposes only and Seller shall not rely thereon. Recognizing Purchaser shall not in any way be entitled to rely upon the accuracy of such information and Materials. Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s 's possession or control, but are those that are readily and reasonably available to such SellerSeller after reasonable inquiry to ascertain their availability. Purchaser understands that, although Seller will use commercially reasonable efforts to locate and make available the Materials and other documents required to be delivered or made available by Seller pursuant to this Contract, Purchaser shall will not in any way be entitled rely on such Materials or other documents as being a complete and accurate source of information with respect to rely upon the completeness or accuracy of the Materials Property, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to The provisions of this Section 3.5 shall survive the items set forth on Schedule 4, no later than five (5) Business Days after Closing and delivery of the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller Deed to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11.3.6

Property Materials. 3.5.1 Within ten (10) days 3 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not already been heretofore provided by a Seller to Purchaser, Seller agrees to use reasonable efforts to deliver to Purchaser, or at Seller's option make the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to available at the Property, copies of such documents and information concerning the Property, including without limitation any environmental and engineering documents, reports or studies, that are in Seller's possession or reasonable control, other than such documents and information that Seller deems to be confidential or proprietary (collectively, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative and Sellers’ Representative shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Except as expressly set forth in Seller’s 's Representations, each Seller makes no representation representations or warrantywarranties, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only andonly, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials Materials, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. All Materials and Third-Party Reports shall either be returned to Seller or destroyed by Purchaser (with such destruction being evidenced by Purchaser’s e-mail to Seller certifying the same) if this Contract is terminated for any reason. 3.5.3 In addition to the items set forth on Schedule 4, no Not later than five (5) 3 Business Days after the Effective Date, each and to the extent the same has not already been provided by Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which is the rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its the Property (collectively, the “Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 In addition to the items set forth on Schedule 4, no Not later than 5 3 Business Days after the Effective Date, and to the extent the same have has not already been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts ListsList”). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) 3 days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time [3]-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and PurchaserBuyer’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the such information and Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Any information and Materials are provided by Seller to Purchaser under the terms of this Contract is for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser (if Purchaser is otherwise entitled to such Deposit pursuant to the terms of this Contract) if this Contract is terminated for any reason. Recognizing Purchaser shall not in any way be entitled to rely upon the accuracy of such information and Materials. Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such SellerSeller after reasonable inquiry to ascertain their availability. Purchaser understands that, although Seller will use commercially reasonable efforts to locate and make available the Materials and other documents required to be delivered or made available by Seller pursuant to this Contract, Purchaser shall will not in any way be entitled rely on such Materials or other documents as being a complete and accurate source of information with respect to rely upon the completeness or accuracy of the Materials Property, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 3 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts rent roll for the applicable Property listing the Tenant name, apartment number, move-in date, monthly base rent payable, lease expiration date and unapplied security deposit for each Lease (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11."Rent Roll"

Property Materials. 3.5.1 Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s 's option and within the foregoing time 5-Business Day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s Buyer's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the such information and Materials to Purchaser, other than Seller’s 's Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Any information and Materials are provided by Seller to Purchaser under the terms of this Contract is for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser (if Purchaser is otherwise entitled to such Deposit pursuant to the terms of this Contract) if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of such information and Materials. Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Seller pursuant to this Contract may not be complete or constitutes all of such documents which are in Seller's possession or control, but are those that are readily available to Seller after reasonable inquiry to ascertain their availability. Purchaser understands that, although Seller will use commercially reasonable efforts to locate and make available the Materials and other documents required to be delivered or made available by Seller pursuant to this Contract, Purchaser will not rely on such Materials or other documents as being a complete and accurate source of information with respect to the Property, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 4, no later than five (5) Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 43.5, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts rent roll for the applicable Property listing the move-in date, monthly base rent payable, lease expiration date and unapplied security deposit for each Lease (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11."Rent Roll"

Property Materials. 3.5.1 3.4.1 Within ten (10) 10 days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the ““ Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 3.4.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. Seller makes no representations or warranties regarding the Materials other than the express representation set forth in Section 6.1.5. 3.5.3 3.4.3 In addition to the items set forth on Schedule 4, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property Lease (collectively, the “Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 3.4.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts ListsList”). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) days after the Effective Date, and to To the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period's option, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s Buyer's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the such information and Materials to Purchaser, other than Seller’s 's Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Any information and Materials are provided by Seller to Purchaser under the terms of the Limited Access Agreement or this Contract is for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser (if Purchaser is otherwise entitled to such Deposit pursuant to the terms of this Contract) if this Contract is terminated for any reason. Recognizing Purchaser shall not in any way be entitled to rely upon the accuracy of such information and Materials. Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Sellers Seller pursuant to the Limited Access Agreement or this Contract may not be complete or constitute all of such documents which are in a Seller’s 's possession or control, but are those that are readily and reasonably available to such SellerSeller after reasonable inquiry to ascertain their availability. Purchaser understands that, although Seller will use commercially reasonable efforts to locate and make available the Materials and other documents required to be delivered or made available by Seller pursuant to this Contract, Purchaser shall will not in any way be entitled rely on such Materials or other documents as being a complete and accurate source of information with respect to rely upon the completeness or accuracy of the Materials Property, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 3 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts rent roll for the applicable Property listing the move-in date, monthly base rent payable, lease expiration date and unapplied security deposit for each Lease (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11."Rent Roll"

Property Materials. 3.5.1 Within ten (10) days 2 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s 's option and within the foregoing time 2-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s 's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s 's Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s 's possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in Lease (the ordinary course of operating its Property (collectively, the “"Rent Rolls”Roll"). Sellers make no representations or warranties regarding Seller will provide to Purchaser an updated, uncertified Rent Roll during the Rent Rolls other than the express representation set forth in Section 6.1.10first week of July 2008. 3.5.4 In addition to the items set forth on Schedule 43.5, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “"Property Contracts Lists”List"). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) days after Purchaser acknowledges that prior to the Effective Date, and to the extent the same exist and are in a Seller’s, Seller’s agents’ or Seller’s employees’ possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Purchaser has received from Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “Materials”) relating ). Seller also agrees to its Property available at its Property for review promptly deliver to Purchaser any additional non-proprietary documents, tests, studies, reports and copying the like, reasonably requested by Purchaser at Purchaser’s sole cost and expense. In the alternativefrom time to time, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent the same exist and are in Seller’s possession or reasonable control or in the possession or reasonable control of any of its agents or employees or readily accessible or available to Purchaser on such secured web site)Seller (subject to Section 3.5.2) and have not been heretofore provided by Seller to Purchaser. To the extent that Purchaser determines that any of the additional requested Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser Seller) if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the Properties. 3.5.3 In addition to the items set forth on Schedule 4, no later than five (5) Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10except as otherwise expressly provided herein. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11.

Property Materials. 3.5.1 3.5.1. Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 3.5.2. In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 3.5.3. In addition to the items set forth on Schedule 43.5, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its the Property (collectively, the “Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.5. 3.5.4 3.5.4. In addition to the items set forth on Schedule 43.5, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts ListsList”). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.6.

Property Materials. 3.5.1 Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s 's option and within the foregoing time period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s 's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s 's Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s 's possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its the Property (collectively, the “"Rent Rolls”Roll"). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 In addition to the items set forth on Schedule 43.5, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “"Property Contracts Lists”List"). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the ““ Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 3 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its the Property (collectively, the ““ Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.5. At Purchaser’s request, but in no event more often than once every two weeks, Seller shall update the Rent Roll. 3.5.4 In addition to the items set forth on Schedule 43.5, no later than 5 3 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts ListsList”). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.6.

Property Materials. 3.5.1 3.5.1. Within ten (10) days 3 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not already been heretofore provided by a Seller to Purchaser, Seller agrees to use reasonable efforts to deliver to Purchaser, or at Seller’s option make the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to available at the Property, copies of such documents and information concerning the Property that are in Seller’s possession or reasonable control, other than such documents and information that Seller deems to be confidential or proprietary (collectively, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative and Sellers’ Representative shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than 3.5.2. Except as expressly set forth in Seller’s Representations, each Seller makes no representation representations or warrantywarranties, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only andonly, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials Materials, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. All Materials and Third-Party Reports shall be destroyed by Purchaser if this Contract is terminated for any reason (except to the extent that digital copies may have been automatically made and stored as part of an automatic data backup protocol). 3.5.3 In addition to the items set forth on Schedule 4, no 3.5.3. Not later than five (5) 3 Business Days after the Effective Date, each and to the extent the same has not already been provided by Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which is the rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its the Property (collectively, the “Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.5. 3.5.4 In addition to the items set forth on Schedule 4, no 3.5.4. Not later than 5 3 Business Days after the Effective Date, and to the extent the same have has not already been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts ListsList”)) and a list of the current Utility Contracts. Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.6.

Property Materials. 3.5.1 Within ten (10) days after On or before the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make Purchaser acknowledges that the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “Materials”) relating have either been delivered to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same made available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to promptly deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser Seller) if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or controlpossession, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 4, no later than five (5) Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11.

Property Materials. 3.5.1 Within ten (10a) days after Purchaser acknowledges and agrees that Seller has, prior to the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make made the documents set forth on Schedule 4 2.5 attached hereto (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Propertycollectively, the “Materials”) relating available to its Property available at its Property Purchaser for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.12.5(a), Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five one (51) Business Days Day after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2extended. 3.5.2 (b) In providing the such information and Materials to Purchaser, other than Seller’s RepresentationsRepresentations (as defined below), each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Any information and Materials provided by Seller to Purchaser under the terms of this Agreement are provided for informational purposes only and, together with all reports, studies or other information prepared or compiled for Purchaser by any Consultant or other third-party in connection with Purchaser’s investigation of the Property (collectively, “Third-Party Reports”), shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to the return of the Deposit to Purchaser (if Purchaser is otherwise entitled to such Deposit pursuant to the terms of this Agreement) if this Contract Agreement is terminated for any reason. Recognizing Purchaser shall not in any way be entitled to rely upon the accuracy of such information and Materials. Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Sellers Seller pursuant to this Contract Agreement may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such SellerSeller after reasonable inquiry to ascertain their availability. Purchaser understands that, although Seller will use commercially reasonable efforts to locate and make available the Materials and other documents required to be delivered or made available by Seller pursuant to this Agreement, Purchaser shall will not in any way be entitled rely on such Materials or other documents as being a complete and accurate source of information with respect to rely upon the completeness or accuracy of the Materials Property, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to (c) The provisions of this Section 2.5 shall survive the items set forth on Schedule 4, no later than five (5) Business Days after Closing and delivery of the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller Deed to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11.

Property Materials. 3.5.1 Within ten (10) 3 days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time 3-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and PurchaserBuyer’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the such information and Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Any information and Materials are provided by Seller to Purchaser under the terms of this Contract is for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser (if Purchaser is otherwise entitled to such Deposit pursuant to the terms of this Contract) if this Contract is terminated for any reason. Recognizing Purchaser shall not in any way be entitled to rely upon the accuracy of such information and Materials. Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such SellerSeller after reasonable inquiry to ascertain their availability. Purchaser understands that, although Seller will use commercially reasonable efforts to locate and make available the Materials and other documents required to be delivered or made available by Seller pursuant to this Contract, Purchaser shall will not in any way be entitled rely on such Materials or other documents as being a complete and accurate source of information with respect to rely upon the completeness or accuracy of the Materials Property, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to The provisions of this Section 3.5 shall survive the items set forth on Schedule 4, no later than five (5) Business Days after Closing and delivery of the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller Deed to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11.

Property Materials. 3.5.1 Within ten three (103) calendar days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), ) and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time 3-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five three (53) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the such information and Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Any information and Materials are provided by Seller to Purchaser under the terms of this Contract is for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser (if Purchaser is otherwise entitled to such Deposit pursuant to the terms of this Contract) if this Contract is terminated for any reason. Recognizing Purchaser shall not in any way be entitled to rely upon the accuracy of such information and Materials. Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such SellerSeller after reasonable inquiry to ascertain their availability. Purchaser understands that, although Seller will use commercially reasonable efforts to locate and make available the Materials and other documents required to be delivered or made available by Seller pursuant to this Contract, Purchaser shall will not in any way be entitled rely on such Materials or other documents as being a complete and accurate source of information with respect to rely upon the completeness or accuracy of the Materials Property, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43, no not later than five three (53) Business Days calendar days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in Lease (the ordinary course of operating its Property (collectively, the ““ Rent RollsRoll”). Sellers make The Rent Roll shall be part of the Materials for all purposes under this Contract and Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.7. Seller shall update the Rent Roll in accordance with Section 5.2.11. 3.5.4 In addition to the items set forth on Schedule 43, no later than 5 Business Days three (3) calendar days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts ListsList”). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.8. Seller shall update the Property Contracts List in accordance with Section 5.2.12. 3.5.5 The provisions of this Section 3.5 shall survive the Closing and delivery of the Deed to Purchaser.

Property Materials. 3.5.1 Within ten (10) 5 days after the Effective Date, and to the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s 's option and within the foregoing time 5-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s 's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s 's Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reasonSeller). Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s 's possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in Lease (the ordinary course of operating its Property (collectively, the “"Rent Rolls”Roll"). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 In addition to the items set forth on Schedule 43.5, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “"Property Contracts Lists”List"). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) 10 days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative the applicable Seller and Sellers’ Representative such Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the Properties. Sellers make no representations or warranties regarding the Materials other than the express representation set forth in Section 6.1.5. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property Lease (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 In addition to the items set forth on Schedule 43.5, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) 3 days after the Effective Date, and to the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s 's option and within the foregoing time 3-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s Buyer's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the such information and Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warrantySELLER MAKES NO REPRESENTATION OR WARRANTY, expressEXPRESS, writtenWRITTEN, oralORAL, statutorySTATUTORY, or impliedOR IMPLIED, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the Properties. 3.5.3 In addition to the items set forth on Schedule 4, no later than five (5) Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11.AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY

Property Materials. 3.5.1 Within ten (10) days 2 Business Days after the Effective DateDate to the extent the same have not already been provided to Purchaser, and to the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s 's option and within the foregoing time period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s 's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s 's Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s 's possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 2 Business Days after the Effective DateDate to the extent the same has not already been provided to Purchaser, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in Lease (the ordinary course of operating its Property (collectively, the “"Rent Rolls”Roll"). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 In addition to the items set forth on Schedule 43.5, no later than 5 2 Business Days after the Effective Date, and Date to the extent the same have has not already been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “"Property Contracts Lists”List"). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s 's option and within the foregoing time 5-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s 's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s 's Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s 's possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in Lease (the ordinary course of operating its Property (collectively, the “"Rent Rolls”Roll"). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 In addition to the items set forth on Schedule 43.5, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “"Property Contracts Lists”List"). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) days after As of the Effective Date, and each Seller has made or will make the documents set forth on Schedule 3.5 (together with any other documents or information provided by such Seller or its agents to Purchaser with respect to its Property, the “Materials”), to the extent the same exist and are in a the applicable Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (site. Purchaser agrees that any item to be delivered by a any Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative the applicable Seller and Sellers’ Representative such Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract in its entirety pursuant to Section 3.23.2 with respect to all Properties (but not in part with respect to less than all Properties). 3.5.2 In providing the Materials to Purchaser, other than the Seller’s RepresentationsRepresentations and any representations made by a Seller in any documents delivered in connection with the Closing (each, each a “Closing Document”), no Seller makes no any representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason, Purchaser, upon Seller’s request, shall return such Materials to Sellers in accordance with the terms of the Limited Access Agreement. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s Sellers’ possession or control, but are those that are readily and reasonably available to such SellerSellers, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the Properties. 3.5.3 In addition to the items set forth on Schedule 4, no later than five (5) Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation Notwithstanding anything set forth in Section 6.1.10. 3.5.4 In addition the Limited Access Agreement, Purchaser shall be permitted to the items set forth on Schedule 4destroy any Materials in lieu of returning such Materials as otherwise required herein; provided, no later than 5 Business Days after the Effective Datehowever, if requested by Seller, upon any termination of this Agreement, Purchaser shall promptly deliver to Seller, for informational purposes only and to the extent same have not been heretofore provided by a Seller to without any representation or warranty from Purchaser, copies of all third-party written reports obtained by Purchaser and Seller shall deliver to reimburse Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11actual out of pockets costs incurred by Purchaser with respect to any such reports requested by Seller.

Property Materials. 3.5.1 Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials other than the Seller’s Representations and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable PropertyProperty listing the move-in date, which rent roll and security deposit ledger shall list the monthly base rentrent payable, Lease lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property Lease (collectively, the “Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 In addition to the items set forth on Schedule 43.5, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts ListsList”). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) 10 days after the Effective Date, and to the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “"Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s 's option and within the foregoing time 10-day period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s Buyer's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the such information and Materials to Purchaser, other than Seller’s 's Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Any information and Materials are provided by Seller to Purchaser under the terms of this Contract is for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser (if Purchaser is otherwise entitled to such Deposit pursuant to the terms of this Contract) if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of such information and Materials. Purchaser recognizes and agrees that the Materials and other documents and information delivered or made available by Seller pursuant to this Contract may not be complete or constitutes all of such documents which are in Seller's possession or control, but are those that are readily available to Seller after reasonable inquiry to ascertain their availability. Purchaser understands that, although Seller will in good faith use commercially reasonable efforts to locate and make available the Materials and other documents required to be delivered or made available by Seller pursuant to this Contract, Purchaser will not rely on such Materials or other documents as being a complete and accurate source of information with respect to the Property, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 10 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its Property (collectively, the “Rent Rolls”). Sellers make no representations or warranties regarding the Rent Rolls other than the express representation set forth in Section 6.1.10. 3.5.4 In addition to the items set forth on Schedule 4, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts rent roll for the applicable Property listing the move-in date, monthly base rent payable, lease expiration date and unapplied security deposit for each Lease (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth in Section 6.1.11."Rent Roll"

Property Materials. 3.5.1 Within ten (10) days 5 Business Days after the Effective Date, and to the extent the same exist and are in a Seller’s 's possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 3.5 (together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “" Materials”") relating to its Property available at its the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at a Seller’s 's option and within the foregoing time period, such Seller may deliver some or all of its the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative Seller and Sellers’ Representative Seller shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) 5 Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s 's sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s 's Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such other representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers Seller (or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative Seller) as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers Seller pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s 's possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials and will instead in all instances rely exclusively on its own Inspections and Consultants Consultants, and Seller's Representations, with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. 3.5.3 In addition to the items set forth on Schedule 43.5, no later than five (5) 5 Business Days after the Effective Date, each Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its the Property (collectively, the “" Rent Rolls”Roll"). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 In addition to the items set forth on Schedule 43.5, no later than 5 Business Days after the Effective Date, and to the extent same have not been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “" Property Contracts Lists”List"). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) days 2 Business Days after the Effective Date, and Seller agrees to the extent the same exist and are in a Seller’s possession or use reasonable control (subject efforts to Section 3.5.2), and have not been heretofore provided by a Seller deliver to Purchaser, Seller agrees to or at Seller’s option make available at the documents Property, copies of the items set forth on Schedule 4 3.5.1 (other than such documents and information that Seller deems to be confidential or proprietary) (such items set forth on Schedule 3.5.1 together with any other documents or information provided by Sellers Seller or their its agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative and Sellers’ Representative shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Except as expressly set forth in Seller’s Representations, each Seller makes no representation representations or warrantywarranties, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only andonly, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials Materials, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the PropertiesProperty. All Materials and Third-Party Reports shall either be returned to Seller or destroyed by Purchaser (with such destruction being evidenced by Purchaser’s email to Seller certifying the same) if this Contract is terminated for any reason. 3.5.3 In addition to the items set forth on Schedule 4, no Not later than five (5) 5 Business Days after the Effective Date, each and to the extent the same has not already been provided by Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll and security deposit ledger for the applicable Property, which is the rent roll and security deposit ledger shall list the monthly base rent, Lease expiration date and unapplied security deposit for such Property and is that which each Seller uses in the ordinary course of operating its the Property (collectively, the “Rent RollsRoll”). Sellers make Seller makes no representations or warranties regarding the Rent Rolls Roll other than the express representation set forth in Section 6.1.106.1.6. 3.5.4 In addition to the items set forth on Schedule 4, no Not later than 5 Business Days after the Effective Date, and to the extent the same have has not already been heretofore provided by a Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property and Utility Contracts (the “Property Contracts ListsList”). Sellers make Seller makes no representations or warranties regarding the Property Contracts Lists List other than the express representations set forth in Section 6.1.116.1.7.

Property Materials. 3.5.1 Within ten (10) days after To the Effective Dateextent in the Seller’s possession or control, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject not previously delivered to Section 3.5.2), and have not been heretofore provided by a Seller to PurchaserBuyer, Seller agrees shall deliver to make Buyer within three (3) business days following the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all Effective Date of its Materials to Purchaserthis Agreement, or make available electronically to Buyer, without representation or warranty, those items listed on Exhibit E attached hereto and incorporated herein by this reference (such items are hereinafter referred to as the same available to Purchaser on a secure web site (Purchaser “Property Materials”). Buyer hereby acknowledges and agrees that any item to be delivered by a (a) Seller under this Contract shall be deemed delivered to has not independently verified the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that accuracy or completeness of any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1Property Materials, Purchaser shall notify Sellers’ Representative and Sellers’ Representative shall use commercially reasonable efforts to deliver the same to Purchaser within five (5b) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, express or implied, as to the accuracy or completeness of the Property Materials. 3.1.1. Until the earlier of (i) Closing or (ii) termination of this Agreement, Buyer, its agents and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reportsrepresentatives, shall be returned by Purchaser entitled to all applicable Sellers or enter upon the destruction thereof shall be certified in writing by Purchaser Real Property from time to Sellers’ Representative as a condition time, upon reasonable prior notice to return Seller, to perform inspections and tests of the Deposit Property, including surveys, environmental studies, examinations and tests of all structural and mechanical systems within the Improvements, and to Purchaser if this Contract is terminated for any reasonexamine the books and records of Seller. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely Before entering upon the completeness or accuracy of the Materials Property, Buyer shall furnish and will instead in all instances rely exclusively on its own Inspections and Consultants cause to be maintained commercial general liability insurance with respect to all matters its activities with a combined single limit of liability of not less than One Million Dollars ($1,000,000.00) for bodily injury to or personal injury or death of any person and consequential damages arising from Buyer’s actions and for property damage arising out of any one occurrence, and Seller and its lender will be additional insureds under such policy. All insurance will be procured from a company licensed in the state in which property is located. Buyer will provide Seller a certificate of insurance via standard XXXXX form. Notwithstanding the foregoing, Xxxxx acknowledges that the Building is under construction and Xxxxx agrees that it deems relevant shall not be permitted to its decision interfere unreasonably with Seller’s ongoing construction operations at the Property or within the Building. Xxxxx’s scheduling of any inspections shall take place during normal business hours and subject to acquire, own and operate the Properties. 3.5.3 In addition Buyer giving Seller written (email) or telephonic notice at least one (1) business day prior to the items set forth on Schedule 4, no later than five (5) Business Days after the Effective Date, each conducting such inspections and/or interviews. Seller shall deliver have the right to Purchaser (have a representative of Seller present at any Buyer inspections. If Buyer wishes to engage in any testing which is invasive, which will damage or otherwise make available to Purchaser as provided under Section 3.5.1) disturb any portion of the most recent rent roll and security deposit ledger for the applicable Property, which rent roll will involve sampling, or which will involve testing of subsurface soils, surface water, or groundwater, Buyer shall obtain Seller’s prior written consent thereto, which may be withheld or conditioned by Seller in its reasonable discretion. Without limiting the generality of the foregoing, Seller’s written approval shall be required prior to any invasive or other testing or sampling of surface or subsurface soils, surface water, groundwater or any materials in or about the Improvements in connection with Buyer’s environmental due diligence and security deposit ledger due diligence with respect to Hazardous Substances (as defined below). Without limiting the foregoing, Buyer will not enter the Building without first obtaining the consent of Seller, which consent shall list not be unreasonably withheld, conditioned or delayed. Buyer shall repair any damage to the monthly base rentProperty caused by any such tests or investigations, Lease expiration date and unapplied security deposit indemnify, defend and hold harmless Seller, its partners, lenders and affiliates and their respective directors, officers, managers, employees, agents, successors and assigns from any and all liabilities, claims, losses, suits, demands, costs and expenses resulting therefrom; provided Buyer shall have no liability to Seller for such Property and is that which each Seller uses any existing physical or environmental matters discovered by Buyer in the ordinary course of operating its Property due diligence on the Property, unless such physical or environmental matters are exacerbated by Xxxxx. The foregoing indemnification shall survive Closing or the termination of this Agreement. Xxxxx and Seller have entered into that certain Access Agreement dated February 8, 2023 (collectively, the “Rent RollsAccess Agreement”). Sellers make no representations or warranties regarding Pursuant to the Rent Rolls other than terms of the express representation Access Agreement, Xxxxx has had a full opportunity to conduct such investigations of the Property that Buyer deems necessary. Based on Xxxxx’s opportunity to investigate the Property pursuant to the Access Agreement, except as otherwise specifically set forth in Section 6.1.10. 3.5.4 In addition herein, Xxxxx acknowledges and agrees that it waives all contingencies related to its acquisition of the items set forth on Schedule 4Property, no later than 5 Business Days after including, without limitation, the Effective Datephysical condition of the Property, title and survey, and financing. In connection with the foregoing, upon Xxxxxx Agent’s receipt of the Deposit, the Deposit shall be non-refundable to Buyer, except in the extent same have not been heretofore provided by a event that Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts for the applicable Property (the “Property Contracts Lists”). Sellers make no representations or warranties regarding the Property Contracts Lists other than the express representations set forth defaults in Section 6.1.11its obligations hereunder.