Common use of Records and Support Clause in Contracts

Records and Support. After the Closing Date, the Seller shall ------------------- have reasonable access and rights to copy to all of the records, books and documents related to the Acquired Assets to the extent that such access may reasonably be required by the Seller in connection 034a with matters relating to or affected by the operation of the Facility by the Seller prior to the Closing Date. Such access shall be afforded by Buyer upon receipt of reasonable advance notice and during normal business hours. The Seller shall be solely responsible for any costs or expenses incurred by it pursuant to this Section 5.8(a). However, Buyer will not have any obligation to Seller under this Agreement to maintain any records, books or documents relating to operations prior to Closing beyond five (5) years from the Closing Date, except to the extent that such records, books or documents are required to be maintained under applicable law, rule or regulation. If the Buyer shall desire to dispose of any of records, books or documents that may relate to operation of the Facility prior to the Closing Date, the Buyer shall, prior to such disposition, give to the Seller a reasonable opportunity, at the Seller's expense, to segregate and remove such records, books or documents as the Seller may select.

Records and Support. After the Initial Closing Date, the each Seller shall ------------------- have reasonable access to and rights to copy to all of the records, books books, data (in whatever form) and documents related to the Acquired Assets to the extent that such access may reasonably be required by the such Seller in connection 034a with matters relating to or affected by the ownership or operation of the Facility by the such Seller prior to the Initial Closing Date. Such access shall be afforded by the Buyer upon receipt of reasonable advance notice and during normal business hours. The Each Seller shall be solely responsible for any costs or expenses incurred by it pursuant to this Section 5.8(a). However, Buyer will not have any obligation to Seller under this Agreement to maintain any records, books or documents relating to operations prior to Closing beyond five (5) years from the Closing Date, except to the extent that such records, books or documents are required to be maintained under applicable law, rule or regulation. If the Buyer shall desire desires to dispose of any of records, books books, data (in whatever form) or documents that may relate to operation of the Facility prior to the Initial Closing Date, the Buyer shall, prior to such disposition, give to the Seller Representatives a reasonable opportunityperiod of ninety (90) days, at the Seller's Sellers' expense, to segregate and remove such records, books books, data (in whatever form) or documents as the Seller Representatives or any Seller may select; provided, that the Buyer shall not have any obligation to the Sellers to maintain any such records, books, data (in whatever form) or documents relating to the operation of the Facility prior to the Initial Closing Date beyond six (6) years following the Initial Closing Date.

Records and Support. After the Initial Closing Date, the each Seller shall ------------------- have reasonable access to and rights to copy to all of the records, books books, data (in whatever form) and documents related to the Acquired Assets to the extent that such access may reasonably be required by the such Seller in connection 034a with matters relating to or affected by the ownership or operation of the Facility by the such Seller prior to the Initial Closing Date. Such access shall be afforded by the Buyer upon receipt of reasonable advance notice and during normal business hours. The Each Seller shall be solely responsible for any costs or expenses incurred by it pursuant to this Section 5.8(a). However, Buyer will not have any obligation to Seller under this Agreement to maintain any records, books or documents relating to operations prior to Closing beyond five (5) years from the Closing Date, except to the extent that such records, books or documents are required to be maintained under applicable law, rule or regulation. If the Buyer shall desire desires to dispose of any of records, books books, data (in whatever form) or documents that may relate to operation of the Facility prior to the Initial Closing Date, the Buyer shall, prior to such disposition, give to the Seller Representatives a reasonable opportunityperiod of ninety (90) days, at the Seller's Sellers' expense, to segregate and remove such records, books books, data (in whatever form) or documents as the Seller Representatives or any Seller may select; PROVIDED, that the Buyer shall not have any obligation to the Sellers to maintain any such records, books, data (in whatever form) or documents relating to the operation of the Facility prior to the Initial Closing Date beyond six (6) years following the Initial Closing Date.

Records and Support. After the Initial Closing Date, the each Seller ------------------- shall ------------------- have reasonable access to and rights to copy to all of the records, books books, data (in whatever form) and documents related to the Acquired Assets to the extent that such access may reasonably be required by the such Seller in connection 034a with matters relating to or affected by the ownership or operation of the Facility by the such Seller prior to the Initial Closing Date. Such access shall be afforded by the Buyer upon receipt of reasonable advance notice and during normal business hours. The Each Seller shall be solely responsible for any costs or expenses incurred by it pursuant to this Section 5.8(a). However, Buyer will not have any obligation to Seller under this Agreement to maintain any records, books or documents relating to operations prior to Closing beyond five (5) years from the Closing Date, except to the extent that such records, books or documents are required to be maintained under applicable law, rule or regulation. If the Buyer shall desire desires to dispose of any of records, books books, data (in whatever form) or documents that may relate to operation of the Facility prior to the Initial Closing Date, the Buyer shall, prior to such disposition, give to the Seller Representatives a reasonable opportunityperiod of ninety (90) days, at the Seller's Sellers' expense, to segregate and remove such records, books books, data (in whatever form) or documents as the Seller Representatives or any Seller may select; provided, that the Buyer shall not have any obligation to the Sellers to maintain any such records, books, data (in whatever form) or documents relating to the operation of the Facility prior to the Initial Closing Date beyond six (6) years following the Initial Closing Date.

Records and Support. After the Initial Closing Date, the Seller Lead Participants, for themselves and on behalf of the other Sellers, shall ------------------- have reasonable access to and rights to copy to all of the records, books and documents related to the Acquired Assets to the extent that such access may reasonably be required by the Seller Sellers in connection 034a with matters relating to or affected by the ownership or operation of the Facility Facilities by the Seller Sellers on or prior to the Initial Closing Date. Such access shall be afforded by the Buyer upon receipt of reasonable advance notice and during normal business hours. The Seller Sellers shall be solely responsible for any costs or expenses incurred by it them pursuant to this Section 5.8(a). However, Buyer will not have any obligation to Seller under this Agreement to maintain any records, books or documents relating to operations prior to Closing beyond five (5) years from the Closing Date, except to the extent that such records, books or documents are required to be maintained under applicable law, rule or regulation. If the Buyer shall desire desires to dispose of any of records, books or documents that may relate to operation of the Facility Facilities on or prior to the Initial Closing Date, the Buyer shall, prior to such disposition, give to the Seller Lead Participants a reasonable opportunityperiod of ninety (90) days, at the Seller's Lead Participants' expense, to segregate and remove such records, books or documents as the Seller Lead Participants may select.; provided, that the Buyer shall not have any obligation to the Sellers to maintain any such records, books or documents relating to the operation of the Facilities on or prior to the Initial Closing Date beyond five (5) years following the Initial Closing Date. -57-