Common use of Property Materials Clause in Contracts

Property Materials. Purchaser acknowledges receipt of the documents set forth on Exhibit I (collectively, the “Materials”) relating to each of the Properties. Except as provided in Section 7.1 with respect to contracts related to cable, utility and laundry services at the Properties, Sellers make no representation or warranty, express, written, oral, statutory, or implied regarding the Materials. Any information and Materials provided by any of the Sellers to Purchaser under the terms of this Agreement are for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers if this Agreement is terminated for any reason. 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 pursuant to this 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 available to such Seller after reasonable inquiry to ascertain their availability. Purchaser understands that, although each Seller has used 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 Agreement. Purchaser will not rely on such Materials or other documents as being a complete and accurate source of information with respect to such Seller's 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 Properties. The provisions of this Section 3.5 shall survive the Closing and delivery of the Deeds to Purchaser.

Property Materials. Purchaser acknowledges receipt 3.5.1 As of the Effective Date, Seller has made the documents set forth on Exhibit I Schedule 3.5 (collectivelytogether with any other documents or information provided or made available by Seller or its agents to Purchaser with respect to the Property, the “Materials”) relating ), to each of the Properties. Except as extent the same exist and are in Seller’s possession or reasonable control (subject to Section 3.5.2), available to Purchaser on a secure web site or on-site for Purchaser’s review at the Property (Purchaser agrees that any item to be delivered by Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site or made available on-site for Purchaser’s review at the Property, provided in Section 7.1 that, with respect to contracts related items made available on-site for Purchaser’s review, Purchaser shall have been given written notice of any additional materials made available following January 3, 2019, which is the date of Purchaser’s on-site inspection of the materials). 3.5.2 In providing the Materials to cablePurchaser, utility and laundry services at the Propertiesother than Seller’s Representations, Sellers make Seller makes no representation or warranty, express, written, oral, statutory, or implied regarding implied, and all such representations and warranties are hereby expressly excluded and disclaimed. Purchaser acknowledges that, except as expressly set forth in Seller’s Representations, the MaterialsMaterials delivered or made available to by Seller pursuant to this Contract may not be complete or constitute all of such documents which are in Seller’s possession or control. Any information and All Materials are provided by any of the Sellers to Purchaser under the terms of this Agreement are for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers if this Agreement Contract is terminated for any reason, Purchaser shall certify in writing to Seller the destruction of such Materials subject to the retention of digital copies of Materials as required by applicable law. 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 Sellers pursuant to this 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 available to such Seller after reasonable inquiry to ascertain their availability. Purchaser understands that, although each Seller has used 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 Agreement. Purchaser will not rely on such Materials or other documents as being a complete and accurate source of information with respect to such Seller's Property, and will instead in all instances rely exclusively on its own Inspections and Consultants and Seller’s Representations with respect to all matters which it deems relevant to its decision to acquire, own and operate the Properties. The provisions of this Section 3.5 shall survive the Closing and delivery of the Deeds to PurchaserProperty.