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.

Appears in 5 contracts

Samples: Purchase and Sale Contract, Purchase and Sale Contract (Angeles Income Properties LTD 6), Purchase and Sale Contract (Consolidated Capital Properties Iv)

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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.

Appears in 3 contracts

Samples: Purchase and Sale Contract, Purchase and Sale Contract (Davidson Growth Plus Lp), Purchase and Sale Contract (Consolidated Capital Institutional Properties)

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.

Appears in 3 contracts

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties), Purchase and Sale Contract (Davidson Growth Plus Lp), Purchase and Sale Contract (Davidson Diversified Real Estate Ii Limited Partnership)

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.

Appears in 2 contracts

Samples: Purchase and Sale Contract (Davidson Income Real Estate Lp), Purchase and Sale Contract (Davidson Growth Plus Lp)

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.

Appears in 2 contracts

Samples: Purchase and Sale Contract (Century Properties Fund Xiv), Purchase and Sale Contract (Consolidated Capital Institutional Properties 2)

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.

Appears in 2 contracts

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties), Purchase and Sale Contract (Consolidated Capital Growth Fund)

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.

Appears in 2 contracts

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties), Purchase and Sale Contract (Consolidated Capital Growth Fund)

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.

Appears in 1 contract

Samples: Purchase and Sale Contract (National Property Investors 8 /Ca/)

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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.

Appears in 1 contract

Samples: Purchase and Sale Contract (Davidson Growth Plus Lp)

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.

Appears in 1 contract

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties 2)

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.

Appears in 1 contract

Samples: Purchase and Sale Contract (Consolidated Capital Growth Fund)

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.

Appears in 1 contract

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties 3)

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