Common use of SECOND DUE DILIGENCE DOCUMENTS AND SECOND CONTINGENCY PERIOD Clause in Contracts

SECOND DUE DILIGENCE DOCUMENTS AND SECOND CONTINGENCY PERIOD. As soon as available, but in any event no less than ten (10) business days prior to the Closing Date (the "Second Contingency Period"), Seller shall deliver to Buyer the following items for Buyer's review and acceptance: 1. Any documents or written summary of facts known to Seller that materially change or render incomplete, invalid, or inaccurate any of the First Due Diligence Documents; and 2. Seller's representation to Buyer that the transaction contemplated herein does not represent a fraudulent conveyance by Seller. (All of the above described documents (1) through (2) are hereinafter collectively referred to as the "Second Due Diligence Documents"). Buyer shall have ten (10) business days to examine and accept or reject all of the above-described Second Due Diligence Documents. If any of the Second Due Diligence Documents are not acceptable to Buyer, in its sole discretion, Buyer may cancel this Agreement by delivering a cancellation notice, as provided herein, to Seller and Closing Agent prior to the end of the Second Contingency Period. Such notice shall be deemed effective upon mailing by Buyer. If Buyer so terminates this Agreement, the Xxxxxxx Money shall be immediately returned to Buyer in full and thereafter neither party shall have any further duties or obligations to the other hereunder. It shall be a condition precedent to Buyer's obligations to close the purchase of the Property hereunder that, after the date of any due diligence document and prior to closing, there have been no material changes in any of the information reflected in the First or Second Due Diligence Documents. Until this Agreement is terminated, or the Closing has occurred, Seller shall deliver to Buyer any documentation, including the Lease, that comes into Seller's possession and modifies any of the First or Second Due Diligence Documents, or could render any of the First or Second Due Diligence Documents materially inaccurate, incomplete or invalid. Buyer shall, in any event, have five (5) business days before the Closing Date to review any such document and, if necessary, the Closing Date shall be extended by the number of days necessary for Buyer to have five (5) full business days to review any such document or documents.

SECOND DUE DILIGENCE DOCUMENTS AND SECOND CONTINGENCY PERIOD. As soon as available, but in any event no less later than at least ten (10) business days prior to the Closing Date (the "Second Contingency Period"), Seller shall deliver to Buyer the following items for Buyer's review and acceptance: 1. Any documents or written summary of facts actually known to Seller that materially change or render incomplete, invalid, or inaccurate any of the First Due Diligence Documents; and 2. Seller's representation to Buyer that the transaction contemplated herein does not represent a fraudulent conveyance by Seller. Documents (All of the above described documents (1) through (2) are hereinafter collectively referred to as collectively, if any, the "Second Due Diligence Documents"). Buyer shall have ten (10) business days the Second Contingency Period, if occasioned by the delivery of Second Due Diligence Documents, to examine and to accept or reject all of only the above-described Second Due Diligence Documents. If After Buyer's receipt and review of the Second Due Diligence Documents, Buyer may cancel this Agreement if any of the Second Due Diligence Documents are not acceptable to Buyer, in its sole discretion, Buyer may cancel this Agreement by delivering a cancellation notice, as provided herein, to Seller and Closing Agent prior to the end of the Second Contingency Period. Such notice shall be deemed effective upon mailing receipt by BuyerSeller. If Buyer so terminates this Agreement, the Xxxxxxx Earnest Money shall be immediately returned xx xxxxrned in full to Buyer in full immediately and thereafter neither party shall have any further duties or obligations to the other hereunder. It shall be a condition precedent to Buyer's obligations to close the purchase of the Property hereunder that, after the date of any due diligence document and prior to closing, that there have been no material changes in any of the material information reflected in the First (or Second Due Diligence Documents, if any) after the date of such document and prior to closing. Until this Agreement is terminated, terminated or the Closing has occurred, whichever is earlier, the Seller shall deliver to the Buyer any documentation, including the Lease, documentation that comes into in the Seller's possession and that modifies any of the First or Second Due Diligence Documents, including the Lease, or could render any of the First or Second Due Diligence Documents materially and adversely inaccurate, incomplete or invalid. The Buyer shall, in any event, have five (5) business days before the Closing Date to review any such document and, if necessary, the Closing Date shall be extended by the number of days necessary for the Buyer to have five (5) full business days to review any such document or documents.

SECOND DUE DILIGENCE DOCUMENTS AND SECOND CONTINGENCY PERIOD. (A) As soon as available, but in any event no less later than at least ten (10) business days prior to the Closing Date (the "Second Contingency Period"), Seller shall deliver to Buyer Buyer, for each Property, the following items for Buyer's review and acceptance: (1. ) Any documents or written summary of facts known to Seller that materially change or render incomplete, invalid, or inaccurate any of the First Due Diligence Documents; and (2. Seller's ) Seller to provide representation to Buyer that the transaction contemplated herein does not represent a fraudulent conveyance by Sellerconveyance. (All of the above described documents (1) through (2) are hereinafter collectively referred to as the "Second Due Diligence Documents"). Buyer shall have ten (10) business days to examine and to accept or reject all of the above-described Second Due Diligence Documents. If After Buyer's receipt and review of the Second Due Diligence Documents, Buyer may cancel this Agreement if any of the Second Due Diligence Documents are not acceptable to Buyer, in its sole discretion, Buyer may cancel this Agreement by delivering a cancellation notice, as provided herein, to Seller and Closing Agent prior to the end of the Second Contingency Period. Such notice shall be deemed effective upon mailing receipt by BuyerSeller. If Buyer so terminates this Agreement, the Xxxxxxx Money shall be immediately returned in full to Buyer in full immediately and thereafter neither party shall have any further duties or obligations to the other hereunder. It shall be a condition precedent to Buyer's BuyerOs obligations to close the purchase of the Property hereunder that, after the date of any due diligence document and prior to closing, that there have been no material changes in any of the information reflected in the First or Second Due Diligence DocumentsDocuments after the date of such document and prior to closing. Until this Agreement is terminated, terminated or the Closing has occurred, Seller shall deliver to Buyer any documentation, including the Lease, documentation that comes into in Seller's possession and that modifies any of the First or Second Due Diligence Documents, including the Lease, or could render any of the First or Second Due Diligence Documents materially inaccurate, incomplete or invalid. Buyer shall, in any event, have five (5) business days before the Closing Date to review any such document and, if necessary, the Closing Date shall be extended by the number of days necessary for Buyer to have five (5) full business days to review any such document or documents.

SECOND DUE DILIGENCE DOCUMENTS AND SECOND CONTINGENCY PERIOD. As soon as available, but in any event no less than ten (10) business days prior to the Closing Date (the "Second Contingency Period"), Seller shall deliver to Buyer the following items for Buyer's review and acceptance: 1. Any documents or written summary of facts known to Seller that materially change or render incomplete, invalid, or inaccurate any of the First Due Diligence Documents; and 2. Seller's representation to Buyer that the transaction contemplated herein does not represent a fraudulent conveyance by Seller. (All of the above described documents (1) through and (2) are hereinafter collectively referred to as the "Second Due Diligence Documents"). Buyer shall have ten (10) business days to examine and accept or reject all of the above-described Second Due Diligence Documents. If any of the Second Due Diligence Documents are not acceptable to Buyer, in its sole discretion, Buyer may cancel this Agreement by delivering a cancellation notice, as provided herein, to Seller and Closing Agent prior to the end of the Second Contingency Period. Such notice shall be deemed effective upon mailing by Buyer. If Buyer so terminates this Agreement, the Xxxxxxx Earnest Money shall be immediately returned to Buyer in full and thereafter neither neithxx party shall have any further duties or obligations to the other hereunder. It shall be a condition precedent to Buyer's obligations to close the purchase of the Property hereunder that, after the date of any due diligence document and prior to closing, there have been no material changes in any of the information reflected in the First or Second Due Diligence Documents. Until this Agreement is terminated, or the Closing has occurred, Seller shall deliver to Buyer any documentation, including the Lease, that comes into Seller's possession and modifies any of the First or Second Due Diligence Documents, or could render any of the First or Second Due Diligence Documents materially inaccurate, incomplete or invalid. Buyer shall, in any event, have five (5) business days before the Closing Date to review any such document and, and to terminate this agreement if such document is not acceptable to Buyer in its sole discretion. If necessary, the Closing Date shall be extended by the number of days necessary for Buyer to have five (5) full business days to review and approve any such document or documents.

SECOND DUE DILIGENCE DOCUMENTS AND SECOND CONTINGENCY PERIOD. As soon as available, but in any event no less later than at least ten (10) business days prior to the Closing Date (the "Second Contingency Period"), Seller shall deliver to Buyer the following items for Buyer's review and acceptance: 1. Any documents or written summary of facts known to Seller that materially change or render incomplete, invalid, or inaccurate any of the First Due Diligence Documents; and 2. Seller's representation to Buyer that the transaction contemplated herein does not represent a fraudulent conveyance by Seller. Documents (All of the above described documents (1) through (2) are hereinafter collectively referred to as collectively, if any, the "Second Due Diligence Documents"). Buyer shall have ten (10) business days to examine and to accept or reject all of the above-described Second Due Diligence Documents. If After Buyer's receipt and review of the Second Due Diligence Documents, Buyer may cancel this Agreement if any of the Second Due Diligence Documents are not acceptable to Buyer, in its sole discretion, Buyer may cancel this Agreement by delivering a cancellation notice, as provided herein, to Seller and Closing Agent prior to the end of the Second Contingency Period. Such notice shall be deemed effective upon mailing receipt by BuyerSeller. If Buyer so terminates this Agreement, the Xxxxxxx Money shall be immediately returned in full to Buyer in full immediately and thereafter neither party shall have any further duties or obligations to the other hereunder. It shall be a condition precedent to Buyer's obligations to close the purchase of the Property hereunder that, after the date of any due diligence document and prior to closing, that there have been no material changes in any of the information reflected in the First or Second Due Diligence DocumentsDocuments after the date of such document and prior to closing. Until this Agreement is terminated, terminated or the Closing has occurred, the Seller shall deliver to the Buyer any documentation, including the Lease, documentation that comes into in the Seller's possession and that modifies any of the First or Second Due Diligence Documents, including the Lease and the Guaranty, or could render any of the First or Second Due Diligence Documents materially inaccurate, incomplete or invalid. The Buyer shall, in any event, have five (5) business days before the Closing Date to review any such document and, if necessary, the Closing Date shall be extended by the number of days necessary for the Buyer to have five (5) full business days to review any such document or documents.