Common use of Return of Seller’s Documents Clause in Contracts

Return of Seller’s Documents. If this Agreement is terminated for any reason, Purchaser shall, upon Seller’s request, deliver to Seller all documents and materials relating to the Property previously delivered to Purchaser by Seller (or certify as to the destruction thereof) and, upon Seller’s request, copies of all final (or most recent draft if a final was not prepared) written reports or studies obtained by Purchaser from third parties in connection with the Property and Purchaser’s investigation thereof (other than any privileged, proprietary or confidential materials); provided, however, that Purchaser shall not deliver copies of any environmental report or assessment unless specifically requested by Seller, in writing. Such items shall be delivered without representation or warranty of any kind (as to accuracy or completeness or otherwise) and with no right of Seller to rely thereon without the consent of the third party. Escrow Agent shall deliver all documents and materials deposited by Seller and then in Escrow Agent’s possession to Seller and shall destroy any documents executed by both Purchaser and Seller. Upon delivery by Escrow Agent to Seller (or such destruction, as applicable) of such documents and materials, Escrow Agent’s obligations with regard to such documents and materials under this Agreement shall be deemed fulfilled, and Escrow Agent shall have no further liability with regard to such documents and materials to Seller.

Appears in 2 contracts

Samples: Sale, Purchase and Escrow Agreement, Sale, Purchase and Escrow Agreement (Industrial Property Trust Inc.)

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Return of Seller’s Documents. If escrow or this Agreement is terminated for any reason, Purchaser shall, upon Seller’s requestwithin five (5) days following such termination, deliver to Seller all documents and materials relating to the Property previously delivered to Purchaser by Seller (or certify as to the destruction thereof) andSeller. In addition, upon the written request of Seller’s request, Purchaser shall deliver to Seller copies of all final (or most recent draft if a final was not prepared) written reports or studies reports, studies, documents and materials obtained by Purchaser from third parties in connection with the Property and Purchaser’s investigation thereof (other than any privilegedthereof, proprietary or confidential materials); provided, however, provided however that Purchaser shall not deliver copies of any environmental report or assessment unless specifically requested by Seller, in writing. Such such items shall be delivered without representation or warranty of any kind (warranty, express or implied, as to accuracy accuracy, completeness (except only that to the knowledge of Purchaser they are complete copies of the documents in the possession of Purchaser) or completeness or otherwise) any other matter regarding such items and with no right of Seller to rely thereon without the consent of the third partyparty preparer(s) of such items. Escrow Agent shall deliver all documents and materials deposited by Seller and then in Escrow Agent’s possession to Seller and shall destroy any documents executed by both Purchaser and Seller. Upon delivery by Escrow Agent to Seller (or such destruction, as applicable) of such documents and materials, Escrow Agent’s obligations with regard to such documents and materials under this Agreement shall be deemed fulfilled, fulfilled and Escrow Agent shall have no further liability with regard to such documents and materials to Sellereither Seller or Purchaser.

Appears in 2 contracts

Samples: Sale, Purchase and Escrow Agreement (Resource Apartment REIT III, Inc.), Sale, Purchase and Escrow Agreement (Resource Apartment REIT III, Inc.)

Return of Seller’s Documents. If escrow or this Agreement is terminated by Purchaser for any reason, Purchaser shall, upon Seller’s requestwithin five (5) days following such termination, deliver to Seller all documents and materials relating to the Property previously delivered to Purchaser by Seller (or certify as to the destruction thereof) and, upon Seller’s request, and copies of all final (or most recent draft if a final was not prepared) written reports or and studies obtained by Purchaser from third parties in connection with the Property and Purchaser’s investigation thereof (other than any privileged, proprietary or confidential materials); provided, however, that Purchaser shall not deliver copies of any environmental report or assessment unless specifically requested by Seller, in writingthereof. Such items shall be delivered without representation or warranty of any kind (as to accuracy or completeness or otherwise) and with no right of Seller to rely thereon without the consent of the third party. Escrow Agent shall deliver all documents and materials deposited by Seller and then in Escrow Agent’s possession to Seller and shall destroy any documents executed by both Purchaser and Seller. Upon delivery by Escrow Agent to Seller (or such destruction, as applicable) of such documents and materials, Escrow Agent’s obligations with regard to such documents and materials under this Agreement shall be deemed fulfilled, fulfilled and Escrow Agent shall have no further liability with regard to such documents and materials to Sellereither Seller or Purchaser.

Appears in 2 contracts

Samples: Sale, Purchase and Escrow Agreement (Behringer Harvard Multifamily Reit I Inc), Sale, Purchase and Escrow Agreement (Behringer Harvard Multifamily Reit I Inc)

Return of Seller’s Documents. If escrow or this Agreement is terminated for any reason, Purchaser shall, upon Seller’s requestwithin five (5) days following such termination, deliver to Seller all documents and materials relating to the Property previously delivered to Purchaser by Seller (or certify as to the destruction thereof) and, upon unless this Agreement is terminated due to Seller’s requestdefault, copies of all final (or most recent draft if a final was not prepared) written reports or studies reports, studies, documents and materials obtained by Purchaser from third parties in connection with the Property and Purchaser’s investigation thereof (other than any privileged, proprietary or confidential materials); provided, however, that Purchaser shall not deliver copies of any environmental report or assessment unless specifically requested by Seller, as provided in writingSection 5.2.6. Such items shall be delivered without representation or warranty of any kind (as to accuracy or completeness or otherwise) and with no right of Seller to rely thereon without the consent of the third party. Escrow Agent shall deliver all documents and materials deposited by Seller and then in Escrow Agent’s possession to Seller and shall destroy any documents executed by both Purchaser and Seller. Upon delivery by Escrow Agent to Seller (or such destruction, as applicable) of such documents and materials, Escrow Agent’s obligations with regard to such documents and materials under this Agreement shall be deemed fulfilled, fulfilled and Escrow Agent shall have no further liability with regard to such documents and materials to Sellereither Seller or Purchaser.

Appears in 1 contract

Samples: Sale, Purchase and Escrow Agreement (Fabrinet)

Return of Seller’s Documents. If escrow or this Agreement is terminated for any reason, Purchaser shall, upon Seller’s requestwithin five (5) business days following such termination, deliver to Seller all documents and materials relating to the Property previously delivered to Purchaser by Seller (or certify as to the destruction thereof) and, upon Seller’s request, and copies of all final (or most recent draft if a final was not prepared) written property condition, environmental assessment and seismic reports or studies obtained by Purchaser from third parties in connection with the Property and Purchaser’s investigation thereof (other than any privileged, proprietary or confidential materials); provided, however, that Purchaser shall not deliver copies of any environmental report or assessment unless specifically requested by Seller, in writingthereof. Such items shall be delivered without representation or warranty of any kind (as to accuracy or completeness or otherwise) and without liability of Purchaser to Seller with respect thereto and with no right of Seller to rely thereon without the consent of the third party. Escrow Agent shall deliver all documents and materials deposited by Seller and then in Escrow Agent’s possession to Seller and shall destroy any documents executed by both Purchaser and Seller. Upon delivery by Escrow Agent to Seller (or such destruction, as applicable) of such documents and materials, Escrow Agent’s obligations with regard to such documents and materials under this Agreement shall be deemed fulfilled, fulfilled and Escrow Agent shall have no further liability with regard to such documents and materials to SellerSeller or Purchaser.

Appears in 1 contract

Samples: Sale, Purchase and Escrow Agreement (Point.360)

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Return of Seller’s Documents. If escrow or this Agreement is terminated for any reason, Purchaser shall, upon Seller’s requestwithin five (5) days following such termination, deliver to Seller all documents and materials relating to the Property previously delivered to Purchaser by Seller (or certify as to the destruction thereof) andSeller. In addition, upon the written request of Seller’s request, Purchaser shall deliver to Seller copies of all final (or most recent draft if a final was not prepared) written reports or studies reports, studies, documents and materials obtained by Purchaser from third parties in connection with the Property and Purchaser’s investigation thereof (other than any privilegedthereof, proprietary or confidential materials); provided, however, provided however that Purchaser shall not deliver copies of any environmental report or assessment unless specifically requested by Seller, in writing. Such such items shall be delivered without representation or warranty of any kind (warranty, express or implied, as to accuracy accuracy, completeness (except only that to the knowledge of Purchaser they are complete copies of the documents in the possession of Purchaser) or completeness or otherwise) any other matter regarding such items and with no right of Seller to rely thereon without the consent of the third partyparty preparer(s) of such items. Escrow Agent shall deliver all documents and materials deposited by Seller Xxxxxx and then in Escrow Agent’s possession to Seller and shall destroy any documents executed by both Purchaser Xxxxxxxxx and Seller. Upon delivery by Escrow Agent to Seller (or such destruction, as applicable) of such documents and materials, Escrow Agent’s obligations with regard to such documents and materials under this Agreement shall be deemed fulfilled, fulfilled and Escrow Agent shall have no further liability with regard to such documents and materials to Sellereither Seller or Purchaser.

Appears in 1 contract

Samples: Sale, Purchase and Escrow Agreement (Resource Apartment REIT III, Inc.)

Return of Seller’s Documents. If escrow or this Agreement is terminated for any reason, Purchaser shall, upon Seller’s requestwithin five (5) days following such termination, deliver to Seller all documents and materials relating to the Property previously delivered to Purchaser by Seller (or certify as and; provided, however, Purchaser shall have the right to the destruction thereof) andretain copies of such Seller delivered documents and materials to comply with internal record retention policies. In addition, upon Seller’s request, Purchaser shall deliver to Seller copies of all final (or most recent draft if a final was not prepared) written reports or studies reports, studies, documents and materials obtained by Purchaser from third parties in connection with the Property and Purchaser’s investigation thereof so long as: (other than any privilegedi) Seller reimburses Purchaser the cost of such due diligence materials, proprietary or confidential materials); provided, however, that and (ii) Purchaser shall not be obligated to deliver copies of any environmental report materials that are either protected by the attorney-client privilege or assessment unless specifically requested work product doctrine or are internally prepared analyses and studies by SellerPurchaser, in writingits members, employees, affiliates or related parties. Such items shall be delivered without representation or warranty of any kind (as to accuracy or completeness or otherwise) and with no right of Seller to rely thereon without the consent of the third party. Escrow Agent shall deliver all documents and materials deposited by Seller and then in Escrow Agent’s possession to Seller and shall destroy any documents executed by both Purchaser and Seller. Upon delivery by Escrow Agent to Seller (or such destruction, as applicable) of such documents and materials, Escrow Agent’s obligations with regard to such documents and EXECUTION VERSION materials under this Agreement shall be deemed fulfilled, fulfilled and Escrow Agent shall have no further liability with regard to such documents and materials to Sellereither Seller or Purchaser.

Appears in 1 contract

Samples: Sale, Purchase and Escrow Agreement (KBS Strategic Opportunity REIT II, Inc.)

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