SELLER DISCLOSURES. No later than the Seller Disclosure Deadline referenced in Section 24(a), Seller shall provide to Buyer the following documents in hard copy or electronic format which are collectively referred to as the "Seller Disclosures":
(a) a written Seller property condition disclosure for the Property, completed, signed and dated by Seller as provided in Section10.3;
(b) a Lead-Based Paint Disclosure & Acknowledgement for the Property, completed, signed and dated by Seller (only if the Property was built prior to 1978);
(c) a Commitment for Title Insurance as referenced in Section 6.1;
(d) a copy of any restrictive covenants (CC&R’s), rules and regulations affecting the Property;
(e) a copy of the most recent minutes, budget and financial statement for the homeowners’ association, if any;
(f) a copy of any long-term tenant lease or rental agreements affecting the Property not expiring prior to Closing;
(g) a copy of any short-term rental booking schedule (as of the Seller Disclosure Deadline) for guest use of the Property after Closing;
(h) a copy of any existing property management agreements affecting the Property;
(i) evidence of any water rights and/or water shares referenced in Section 1.4;
(j) written notice of any claims and/or conditions known to Seller relating to environmental problems and building or zoning code violations;
(k) In general, the sale or other disposition of a U.S. real property interest by a foreign person is subject to income tax withholding under the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). A “foreign person” includes a non-resident alien individual, foreign corporation, partnership, trust or estate. If FIRPTA applies to Seller, Seller is advised that Buyer or other qualified substitute may be legally required to withhold this tax at Closing. In order to avoid closing delays, if Seller is a foreign person under FIRPTA, Seller shall advise Buyer in writing; and
(l) Other (specify)
SELLER DISCLOSURES. No later than the Seller Disclosure Deadline referenced in Section 24(b), Seller shall provide to Buyer the following documents which are collectively referred to as the "Seller Disclosures":
(a) a Seller property condition disclosure for the Property, signed and dated by Seller;
(b) a commitment for the policy of title insurance;
(c) a copy of any leases affecting the Property not expiring prior to Closing;
(d) written notice of any claims and/or conditions known to Seller relating to environmental problems and building or zoning code violations; and
(e) Other (specify) .
SELLER DISCLOSURES. No later than the Seller Disclosure Deadline referenced in Section 24(a), Seller shall provide to Buyer the following documents in hard copy or electronic format which are collectively referred to as the "Seller Disclosures":
(a) a written Seller property condition disclosure for the Property, completed, signed and dated by Seller as provided in Section10.3;
(b) a Commitment for Title Insurance as referenced in Section 6;
(c) a copy of any restrictive covenants (CC&R’s), rules and regulations affecting the Property;
(d) a copy of the most recent minutes, budget and financial statement for the homeowners’ association, if any;
(e) a copy of any lease, rental, and property management agreements affecting the Property not expiring prior to Closing;
(f) evidence of any water rights and/or water shares referenced in Section 1.4;
(g) written notice of any claims and/or conditions known to Seller relating to environmental problems and building or zoning code violations; and
(h) Other (specify)
SELLER DISCLOSURES. The Seller will deliver to the Buyer the following Seller Disclosures no later than the number of calendar days indicated below which shall be days after Acceptance: (days) [X] (a) a Seller Property Condition Disclosure for the Property, signed and dated by Seler: 2 [X] (b) a commitment for the policy of title insurance required under Section 6, to be issued by the title insurance company chosen by Seller, including copies of all documents listed as Exceptions on the Commitment: 2 [ ] (c) a copy of all loan documents relating to any loan now existing which will encumber the Property after Closing: n/a [X] (d) a copy of all leases and rental agreements now in effect with regard to the Property together with a current rent roll: 2 [X] (e) operating statements of the Property for its last n/a full fiscal years of operation plus the current fiscal year through 11/30/99, certified by the Seller or by an independent auditor: 2 [ ] (f) tenant Estoppel agreements: n/a Seller agrees to pay any charge for cancellation of the title commitment provided under subsection (b). If Seller does not provide any of the Seller Disclosures within the time periods agreed above, the Buyer may either waive the particular Seller Disclosure requirement by taking no timely action or the Buyer may notify the Seller in writing within 10 calendar days after the expiration of the particular disclosure time period that the Seller is in Default under this Contract and that the remedies under Section 16 are at the Buyer's disposal. The holder of the Xxxxxxx Money Deposit shall, upon receipt of a copy of Buyer's written notice, return to the Buyer the Xxxxxxx Money Deposit without the requirement of further written authorization from the Seller.
SELLER DISCLOSURES. The Warranties of the Seller are subject to the matters which are fully and fairly disclosed pursuant to this Agreement provided that such matters are disclosed in sufficient detail to enable the Purchaser to assess their impact on the IT System.
SELLER DISCLOSURES. After notice to and consultation with Buyer, Seller shall be entitled to disclose, if required by applicable Law or by order of the Bankruptcy Court, this Agreement and all information provided by Buyer in connection herewith to the Bankruptcy Court, the United States Trustee, parties in interest in the Bankruptcy Case and other Persons bidding on assets of Seller. Other than statements made in the Bankruptcy Court (or in pleadings filed therein), Seller shall not issue (prior to, on or after the Closing) any press release or make any public statement or public communication without the prior written consent of Buyer, which shall not be unreasonably withheld or delayed; provided, however, Seller, without the prior consent of Buyer, may issue such press release or make such public statement as may, upon the advice of counsel, be required by applicable Law or any Governmental Authority with competent jurisdiction.
SELLER DISCLOSURES a) Material defects to be remedied as a condition of transfer: To the best of Seller's knowledge, Seller knows of no material defects of the Property, including but not limited to, energy conservation and/or safety retrofit(s), required by local ordinance as a condition of transfer.
SELLER DISCLOSURES. No later than ten days following execution of this Agreement, Seller shall provide to Ranch 248 the following (“collectively, "Seller Disclosures"): (a) a current commitment for a policy of title insurance issued by Coalition Title Agency; (b) a copy of any leases and rental agreements now in effect, if any, with regard to the Property; (c) a copy of written notices of any claims or conditions concerning the Property, if any, including without limitation, any relating to environmental conditions; and (d) any agreements, documents, surveys or studies in Seller’s possession concerning the Property including, without limitation, any option or purchase agreements. Within three days of receipt of the Seller Disclosures, Ranch 248 may terminate this Agreement based on any material condition adversely affecting the Property, as identified in the Seller Disclosures, or give Seller written notice of unmerchantability of title or of any other unsatisfactory title condition shown by the title documents. If Seller receives notice of unmerchantability of title or any other unsatisfactory title conditions, Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the same prior to the Contribution Date. If such unsatisfactory title conditions are not corrected to Ranch 248’s satisfaction on or before Contribution Date, this Agreement shall then terminate; provided, however, Ranch 248 may, by written notice received by Seller, on or before Contribution Date, waive objection to such items, in which case the Property shall be deeded to the Joint Venture Entity as provided herein. Upon such waiver and notwithstanding any other provision of this Agreement to the contrary, all of Seller’s obligations as to any such waived conditions shall be deemed discharged and satisfied, and Seller deemed released by Ranch 248 and Joint Venture Entity from any and all claims in connection therewith.
SELLER DISCLOSURES. No later than the Seller Disclosure Deadline referenced in Section 24(a), Seller shall provide to Buyer the following documents which are collectively referred to as the "Seller Disclosures":
(a) a Seller property condition disclosure for the Property, signed and dated by Seller; (b) a Commitment for Title Insurance on the Property; (c) a copy of all leases and rental agreements now in effect with regard to the Property together with a current rent roll; (d) operating statements of the Property for its last N/A full fiscal years of operation plus the current fiscal year through N/A , certified by the Seller or by an independent auditor; (e) copies in Seller's possession, if any, of any studies and/or reports which have previously been done on the Property, including without limitation, environmental reports, soils studies, site plans and surveys; (f) written notice of any claims and/or conditions known to Seller relating to environmental problems and building or zoning code violations; and (g) Other (specify)N/A
SELLER DISCLOSURES. No later than the Seller Disclosure Deadline, Seller shall provide to Buyer the following, to the extent they are within the possession or control of Seller, and at Seller’s sole cost and expense (the “Seller Disclosures”):
(a) a title commitment (the “Title Commitment”) from a title company selected by Seller (the “Title Company”), together with a copy of each instrument, agreement or document listed as an exception to title in such Title Commitment;
(b) a Seller property condition disclosure for the Property signed and dated by Seller;
(c) a true and correct copy of all management agreements and contracts affecting the Property;
(d) all copies in Seller’s possession of studies and/or reports which have previously been performed in connection with or for the Property, including without limitation, environmental reports, soils studies, seismic studies, physical inspection reports, site plans and surveys, and identification of such studies of which Seller is aware but that are not in Seller’s possession;
(e) all copies of written notices relating to a violation of Applicable Law including, without limitation, Environmental Law and laws relating to land use, zoning or compliance with building codes;
(f) evidence of any water rights and/or water shares used in connection with the Property;
(g) all other documents described as Seller’s Disclosures in any Addenda or Counteroffers to this
(h) a true and correct copy of all leases and rental agreements now in effect with regard to the
