Review and Approval of Documents and Materials. On or before the expiration of the Contingency Period, Buyer shall have approved any documents and materials delivered by Seller to Buyer pursuant to this Section. Unless otherwise noted below with respect to any specific item, within five (5) days after the Effective Date of this Agreement, Seller shall deliver to Buyer, for Buyer’s review and approval, the following documents and materials respecting the Property, which are in Seller’s possession, custody or control (collectively, the “Seller’s Documents”):
Review and Approval of Documents and Materials. In order to facilitate Buyer’s Due Diligence, Seller has provided or will provide to Buyer upon the opening of escrow or within five (5) business days thereafter, all documents and materials respecting the Property which are in Seller’s files including a current inventory of FF&E, which will be updated and included at the Close of Escrow with the Xxxx of Sale, and an a then current report of Advance Bookings, which will also be updated and included at the Close of Escrow (the “Documents and Materials”). Seller does not make any representation or warranty, express or implied, as to the accuracy or completeness of any information contained in Seller’s files or in the Documents and Materials. Buyer acknowledges that Seller shall have no responsibility for the contents and accuracy of such Documents and Materials and Buyer agrees that the obligations of Seller in connection with the purchase of the Property shall be governed by this Agreement irrespective of the contents of any such Documents and Materials. Notwithstanding the foregoing, except as required by Section 16.7 hereinbelow, Seller shall not be required to disclose any information reflecting (collectively the “Excluded Material”) (i) subject to Section 16.7 below, any corporate, limited liability company or partnership matters of Seller or its affiliates including, without limitation, Manager (collectively “Affiliates”), including without limitation, matters related to the ownership, governance, organization, or composition of Seller and its Affiliates; (ii) any agreements Seller and/or its Affiliates are a party to other than those which bind the Hotel; (iii) Seller’s and/or its Affiliates internal work product or internal analysis related to the Hotel; (iv) any privileged or proprietary information regarding Seller and/or its Affiliates or the Hotel; (v) material relating to Seller’s and/or its Affiliates marketing efforts for the sale of the Hotel; (vi) Seller’s and/or its Affiliates strategic plans for the Hotel, projections and other internal memoranda or materials, internal analyses, budgets and appraisals; (viii) any other information or documents which do not directly pertain to the Hotel (the “Excluded Documents”), including without limitation, (a) entity level communications, entity level agreements, identities of partners, shareholders or members, and all other partnership, corporate or company matters of Seller or its Affiliates, (b) financing or loan documents, (c) subject to Section 16....
Review and Approval of Documents and Materials. Within five (5) days of the Opening of Escrow, Seller shall deliver to Buyer any and all documents, reports, surveys, environmental assessments, engineering reports for the Property and other materials in Seller’s possession or under its control or that of its agents, respecting the Property, including any hazardous substance conditions report concerning the Property, any natural hazard zone disclosure report, (collectively, “Materials”). During the Due Diligence Period, Buyer may review and evaluate the Materials to determine whether the Property is appropriate for Xxxxx’s proposed use, in its sole discretion. Buyer is advised that there are no leases affecting the Property and there are no third parties in possession of the Property.
Review and Approval of Documents and Materials to the extent that Seller has not provided the same to Buyer prior to Effective Date, then not later than five (5) days following the Opening of Escrow, Seller agrees to make available to Buyer for Buyer's review the documents and materials relating to the Property set forth below ("Documents and Materials"), provided such Documents and Materials are in Seller's possession and control or are reasonably available to Seller. The failure of Buyer to disapprove any of the Documents and Materials on or before the expiration of the Contingency Period shall be deemed to constitute Buyer's approval thereof:
Review and Approval of Documents and Materials. Seller ---------------------------------------------- has made available to Buyer at the offices of Newport National Corporation in Carlsbad, California, (A) the documents and materials respecting the Property set forth on Exhibit "A-2" attached hereto, or ------------- (B) such other documents in Seller's possession or control which relate to the Property which Buyer shall reasonably request (collectively, the "Documents and Materials"). Buyer may make copies of the Documents and Materials, but Seller shall have no obligation to provide Buyer with copies. Buyer shall have the right to review and approve or disapprove, in its sole and absolute discretion, any or all of the Documents and Materials prior to the Effective Date. The failure of Buyer to give Seller written notice of its approval of all of the Documents and Materials on or before the Effective Date shall be deemed to constitute Buyer's approval thereof.
Review and Approval of Documents and Materials. Purchaser acknowledges that, prior to the Effective Date, Seller has made copies of the documents (i) which pertain to the Property, (ii) are located at the Property or are in any property manager’s office and (iii) are non-proprietary and not privileged, available electronically at xxxxx://xxxx.xxx.xxx/s/trmcfyd545doyvwr4qnrq8kl6fzdwxdc [xxxx.xxx.xxx] or at the Property for review and copying by Purchaser at Purchaser’s sole cost and expense (the “Property Documents”); provided, however, Seller shall not be required to update the Property Documents unless, and only to the extent, specifically set forth herein. The Property Documents are the following:
Review and Approval of Documents and Materials. Within fourteen (14) calendar days of the Opening of Escrow, Seller shall deliver (or caused to be delivered) to Purchaser any and all documents, reports, surveys, environmental assessments, engineering reports, building plans and blueprints for the Property and other materials in Seller’s possession or under its control or that of its agents, respecting the Property, including any Hazardous Substance Conditions Report concerning the Property and relevant adjoining properties, and any Natural Hazard Zone Disclosure Report, as required by State law, listing of any current litigation, actions, or proceedings involving the Property, and any lease agreements relating to any tenant or occupant then occupying the Property (collectively, “Materials”). During the Contingency Period, Purchaser may review and evaluate the Materials to determine whether the Property is appropriate for Purchaser’s proposed use, in its sole discretion.
Review and Approval of Documents and Materials. On or before April 13, 1998, Seller shall deliver or have previously delivered to Buyer those documents and materials respecting each Project set forth below (the "Documents and Materials"). The failure of Buyer to disapprove any of the Documents and Materials on or before the expiration of the Contingency Period shall be deemed to constitute Buyer's approval thereof:
Review and Approval of Documents and Materials. On or before the expiration of the Contingency Period, Buyer shall have approved any documents and materials delivered by Seller to Buyer pursuant to this Subsection 6.1. Unless otherwise noted below with respect to any specific item, within five (5) days after the Effective Date of this Agreement, Seller shall deliver to Buyer, for Buyer’s review and approval, the following documents and materials respecting the Property which are in Seller’s possession, custody, or control (such documents and materials, together with the documents described in the sentence immediately following Paragraph 6.1.8, being sometimes collectively referred to herein as “Seller’s Documents”):
Review and Approval of Documents and Materials. Purchaser acknowledges that, prior to the Effective Date, Sellers have made copies of the documents described on Schedule 6.1 available to Purchaser (the “Property Documents”). Sellers, however, shall have no liability with regard to such Property Documents and shall not be required to update the Property Documents (but will promptly provide to Purchaser a copy of any update that occurs during the Due Diligence Period). All costs associated with Purchaser obtaining or being provided with the Property Documents beyond the first copy provided to Purchaser will be at Purchaser’s sole cost and expense.
