Common use of Seller’s Deliveries to Purchaser; Purchaser’s Access to Seller’s Property Records Clause in Contracts

Seller’s Deliveries to Purchaser; Purchaser’s Access to Seller’s Property Records. (a) Seller and Purchaser acknowledge that all of the following have been made available to Purchaser to the extent the same are in the possession of Seller (and Purchaser further acknowledges that no additional items are required to be delivered by Seller to Purchaser except as may be expressly set forth in other provisions of this Agreement): (i) Copies of current Property tax bills and assessor's statements of current assessed value. (ii) Copies of Property operating statements for the past 24 months. (iii) Copies of all Leases, guarantees, any amendments and letter agreements relating thereto existing as of the Effective Date. (iv) All Operating Agreements currently in place at the Property. (v) A copy of Seller's (or its affiliate's) current policy of title insurance with respect to the Land and Improvements. (vi) A copy of the Existing Survey. (vii) Environmental Site Assessment prepared by Technical Concepts LLC and dated October 2, 2008 (the “Existing Phase I Report”). (viii) Copies of the Commission Agreements. (ix) All construction plans and specifications in Seller's possession that are available in electronic form relating to the development, condition, repair and maintenance of the Property, the Improvements and the Personal Property. (b) From the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall allow Purchaser and Purchaser's representatives, on reasonable advance notice and during normal business hours, to have access to Seller's existing non-confidential books, records and files relating to the Property, at Seller's office at 0000 Xxx Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, for the purpose of inspecting and (at Purchaser's expense) copying the same, including, without limitation, the materials listed below (to the extent any or all of the same are in Seller's possession), subject, however, to the limitations of any confidentiality or nondisclosure agreement to which Seller may be bound, and provided that Seller shall not be required to deliver or make available to Purchaser (i) any records, reports, notices, test results or other information in Seller's possession relating to the environmental condition of the Property (other than the Existing Phase I Report), and (ii) any appraisals, strategic plans for the Property, internal analyses, information regarding the marketing of the Property for sale, submissions relating to Seller's obtaining of corporate authorization, attorney and accountant work product, attorney-client privileged documents, or other information in the possession or control of Seller or Seller's property manager which Seller deems proprietary. Purchaser acknowledges and agrees, however, that Seller makes no representation or warranty of any nature whatsoever, express or implied, with respect to the ownership, enforceability, accuracy, adequacy or completeness or otherwise of any of such records, evaluations, data, investigations, reports, cost estimates or other materials. If the Closing contemplated hereunder fails to take place for any reason, Purchaser shall promptly return all copies of materials copied from Seller's books, records and files relating to the Property. It is understood and agreed that Seller shall have no obligation to obtain, commission or prepare any such books, records, files, reports or studies not now in Seller's possession. Subject to the foregoing, Seller agrees to make available to Purchaser for inspection and copying, without limitation, the following books, records and files relating to the Property, all to the extent the same are in Seller's possession:

Seller’s Deliveries to Purchaser; Purchaser’s Access to Seller’s Property Records. (a) Seller and Purchaser acknowledge that all of the following either have been or shall be delivered or made available to Purchaser to the extent the same are in the possession of Seller (and Purchaser further acknowledges that no additional items are required to be delivered by Seller to Purchaser except as may be expressly set forth in other provisions of this Agreement): (i) Copies of current Property tax bills and assessor's statements of current assessed value. (ii) Copies of Property operating statements for the past 24 months2009, 2010 and 2011 year to date. (iii) Copies of all Leasesthe Lease, guarantees, any amendments and letter agreements relating thereto existing as of the Effective Date. (iv) All Operating Agreements currently in place at the Property, if any. (v) A copy of Seller's (or its affiliate's) current policy of title insurance with respect to the Land and ImprovementsImprovements (“Seller's Existing Title Policy”). (vi) A copy of the Existing Survey. (vii) Environmental Site Assessment prepared by Technical Concepts LLC and dated October 2, 2008 (A copy of Seller's existing certificates of insurance currently in effect for the “Existing Phase I Report”)Property. (viii) Copies A copy of any zoning or permitting opinion pertaining to the Commission AgreementsProperty. (ix) A copy of any environmental report pertaining to the Property. (x) written information relative to the Tenant's payment histories, and tenant correspondence (but not electronic mail), to the extent Seller has the same in its possession. (xi) All available construction plans and specifications in Seller's possession that are available in electronic form relating to the developmentImprovements. (xii) Copies of any permits, conditionlicenses, repair and maintenance or other similar documents in Seller's possession relating to the use, occupancy or operation of the Property, the Improvements and the Personal Property. (b) From the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall allow Purchaser and Purchaser's representatives, on reasonable advance notice and during normal business hours, to have access to Seller's existing non-confidential books, records and files relating to the Property, at Seller's office at 0000 Xxx Xxxxxxx Xxxxxxx, Xxxxx 000, XxxxxxxXxxxxxxx, Xxxxxxx 00000, for the purpose of inspecting and (at Purchaser's expense) copying the same, including, without limitation, the materials listed below (to the extent any or all of the same are in Seller's possession), subject, however, to the limitations of any confidentiality or nondisclosure agreement to which Seller may be bound, and provided that Seller shall not be required to deliver or make available to Purchaser (i) any records, reports, notices, test results or other information in Seller's possession relating to the environmental condition of the Property (other than the Existing Phase I Report), and (ii) any appraisals, strategic plans for the Property, internal analyses, information regarding the marketing of the Property for sale, submissions relating to Seller's obtaining of corporate authorization, attorney and accountant work product, attorney-client privileged documents, or other information in the possession or control of Seller or Seller's property manager which Seller deems proprietary. Purchaser acknowledges and agrees, however, that Seller makes no representation or warranty of any nature whatsoever, express or implied, with respect to the ownership, enforceability, accuracy, adequacy or completeness or otherwise of any of such records, evaluations, data, investigations, reports, cost estimates or other materials. If the Closing contemplated hereunder fails to take place for any reason, Purchaser shall promptly return all copies of materials copied from Seller's books, records and files relating to the Property. It is understood and agreed that Seller shall have no obligation to obtain, commission or prepare any such books, records, files, reports or studies not now in Seller's possession. Subject to the foregoing, Seller agrees to make available to Purchaser for inspection and copying, without limitation, the following books, records and files relating to the Property, all to the extent the same are in Seller's possession:.

Seller’s Deliveries to Purchaser; Purchaser’s Access to Seller’s Property Records. (a) Seller and Purchaser acknowledge that all Within ten (10) business days of the following have been made available Effective Date, Seller agrees to deliver to Purchaser to the extent the same are in the possession of Seller following (and Purchaser further acknowledges that no additional items are required to be delivered by Seller to Purchaser except as may be expressly set forth in other provisions of this Agreement): (i) Copies of current Property tax bills and assessor's ’s statements of current assessed value. (ii) Copies of Property operating statements for the past 24 months. (iii) 2002 Operating Budget with respect to the Property. (iv) Copies of all Leases, guarantees, any amendments and letter agreements relating thereto existing as of the Effective Date. (ivv) An aged tenant receivable report, if any, regarding income from the tenants. (vi) Monthly tenant, tax and operating expense billing statements and general ledger for the past 24 months. (vii) All Operating Agreements currently in place at the Property. (vviii) A copy of Seller's ’s (or its affiliate's’s) current policy of title insurance with respect to the Land and Improvements. (viix) A copy of the Existing Survey. (vii) Environmental Site Assessment prepared by Technical Concepts LLC and dated October 2, 2008 (the “Existing Phase I Report”). (viii) Copies of the Commission Agreements. (ix) All construction plans and specifications in Seller's possession that are available in electronic form relating to the development, condition, repair and maintenance of the Property, the Improvements and the Personal Property. (b) From the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall allow Purchaser and Purchaser's ’s representatives, on reasonable advance notice and during normal business hours, to have access to Seller's ’s existing non-confidential books, records and files relating to the Property, at Seller's ’s on-site management office at 0000 the Property, at the office of the Broker, or at Seller’s office at 6000 Xxx Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, for the purpose of inspecting and (at Purchaser's ’s expense) copying the same, including, without limitation, the materials listed below (to the extent any or all of the same are in Seller's ’s possession), subject, however, to the limitations of any confidentiality or nondisclosure agreement to which Seller may be bound, and provided that Seller shall not be required to deliver or make available to Purchaser (i) any records, reports, notices, test results or other information in Seller's ’s possession relating to the environmental condition of the Property (other than the Existing Phase I Report)Environmental Reports, and (ii) any appraisals, budgets, strategic plans for the Property, internal analyses, information regarding the marketing of the Property for sale, submissions relating to Seller's ’s obtaining of corporate authorization, attorney and accountant work product, attorney-client privileged documents, or other information in the possession or control of Seller or Seller's ’s property manager which Seller deems proprietaryproprietary . Purchaser acknowledges and agrees, however, that Seller makes no representation or warranty of any nature whatsoever, express or implied, with respect to the ownership, enforceability, accuracy, adequacy or completeness or otherwise of any of such records, evaluations, data, investigations, reports, cost estimates or other materials. If the Closing contemplated hereunder fails to take place for any reason, Purchaser shall promptly (and as a condition to the refund of the Exxxxxx Money) return all copies of materials copied from Seller's ’s books, records and files relating to the Property. It is understood and agreed that Seller shall have no obligation to obtain, commission or prepare any such books, records, files, reports or studies not now in Seller's ’s possession. Subject to the foregoing, Seller agrees to make available to Purchaser for inspection and copying, without limitation, the following books, records and files relating to the Property, all to the extent the same are in Seller's ’s possession:

Seller’s Deliveries to Purchaser; Purchaser’s Access to Seller’s Property Records. (a) Seller and Purchaser acknowledge that all acknowledges receipt of the following have been made available to Purchaser to the extent the same are in the possession of Seller (and Purchaser further acknowledges that no additional items are required to be delivered by Seller to Purchaser except as may be expressly set forth in other provisions of this Agreement): (i) Copies of current Property tax bills and assessor's ’s statements of current assessed value. (ii) Copies of Property operating statements for the past 24 months. (iii) 2005 Operating Budget with respect to the Property. (iv) Copies of all Leases, guarantees, any amendments and letter agreements relating thereto existing as of the Effective Date. (ivv) An aged tenant receivable report, if any, regarding income from the tenants. (vi) Monthly tenant, tax and CAM billing statements and general ledger for the past 24 months. (vii) All Operating Agreements currently in place at the Property. (vviii) A copy of Seller's ’s (or its affiliate's’s) current policy of title insurance with respect to the Land and Improvements. (viix) A copy of the Existing Survey. Seller’s Survey (vii) Environmental Site Assessment prepared by Technical Concepts LLC and dated October 2, 2008 (the “Existing Phase I Report”as hereinafter defined). (viii) Copies of the Commission Agreements. (ix) All construction plans and specifications in Seller's possession that are available in electronic form relating to the development, condition, repair and maintenance of the Property, the Improvements and the Personal Property. (b) From the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall allow Purchaser and Purchaser's ’s representatives, on reasonable advance notice and during normal business hours, to have access to Seller's ’s existing non-confidential books, records and files relating to the Property, at the office of the Broker, or at Seller's ’s office at 0000 Xxx Xxxxxxx Xxxxxxx, Xxxxx 000, XxxxxxxXxxxxxxx, Xxxxxxx 00000, for the purpose of inspecting and (at Purchaser's ’s expense) copying the same, including, without limitation, the materials listed below (to the extent any or all of the same are in Seller's ’s possession), subject, however, to the limitations of any confidentiality or nondisclosure agreement to which Seller may be bound, and provided that Seller shall not be required to deliver or make available to Purchaser (i) any records, reports, notices, test results or other information in Seller's ’s possession relating to the environmental condition of the Property (other than the Existing Phase I Report)Property, and (ii) any appraisals, budgets, strategic plans for the Property, internal analyses, information regarding the marketing of the Property for sale, submissions relating to Seller's ’s obtaining of corporate authorization, attorney and accountant work product, attorney-client privileged documents, or other information in the possession or control of Seller or Seller's ’s property manager which Seller deems proprietary, and (iii) any records, reports, test results regarding the condition of the Improvements. Purchaser acknowledges and agrees, however, that Seller makes no representation or warranty of any nature whatsoever, express or implied, with respect to the ownership, enforceability, accuracy, adequacy or completeness or otherwise of any of such records, evaluations, data, investigations, reports, cost estimates or other materials. If the Closing contemplated hereunder fails to take place for any reason, Purchaser shall promptly (and as a condition to the refund of the Xxxxxxx Money) return all copies of materials copied from Seller's ’s books, records and files relating to the Property. It is understood and agreed that Seller shall have no obligation to obtain, commission or prepare any such books, records, files, reports or studies not now in Seller's ’s possession. Subject to the foregoing, Seller agrees to make available to Purchaser for inspection and copying, without limitation, the following books, records and files relating to the Property, all to the extent the same are in Seller's ’s possession:

Seller’s Deliveries to Purchaser; Purchaser’s Access to Seller’s Property Records. (a) Seller and Purchaser acknowledge that all acknowledges receipt of the following have been made available to Purchaser to the extent the same are in the possession of Seller (and Purchaser further acknowledges that no additional items are required to be delivered by Seller to Purchaser except as may be expressly set forth in other provisions of this Agreement): (i) Copies of current Property tax bills and assessor's ’s statements of current assessed value. (ii) Copies of Property operating statements for the past 24 months. (iii) 2003 Operating Budget with respect to the Property. (iv) Copies of all Leases, guarantees, any amendments and letter agreements relating thereto existing as of the Effective Date. (ivv) An aged tenant receivable report, if any, regarding income from the tenants. (vi) Monthly tenant, tax and CAM billing statements and general ledger for the past 24 months. (vii) All Operating Agreements currently in place at the Property. (vviii) A copy of Seller's ’s (or its affiliate's’s) current policy of title insurance with respect to the Land and Improvements. (viix) A copy of the Existing Survey. Seller’s Survey (vii) Environmental Site Assessment prepared by Technical Concepts LLC and dated October 2, 2008 (the “Existing Phase I Report”as hereinafter defined). (viii) Copies of the Commission Agreements. (ix) All construction plans and specifications in Seller's possession that are available in electronic form relating to the development, condition, repair and maintenance of the Property, the Improvements and the Personal Property. (b) From the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall allow Purchaser and Purchaser's ’s representatives, on reasonable advance notice and during normal business hours, to have access to Seller's ’s existing non-confidential books, records and files relating to the Property, at Seller's ’s on-site management office at the Property, at the office of the Broker, or at Seller’s office at 0000 Xxx Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, for the purpose of inspecting and (at Purchaser's ’s expense) copying the same, including, without limitation, the materials listed below (to the extent any or all of the same are in Seller's ’s possession), subject, however, to the limitations of any confidentiality or nondisclosure agreement to which Seller may be bound, and provided that Seller shall not be required to deliver or make available to Purchaser (i) any records, reports, notices, test results or other information in Seller's ’s possession relating to the environmental condition of the Property (other than the Existing Phase I Report)Environmental Reports, and (ii) any appraisals, budgets, strategic plans for the Property, internal analyses, information regarding the marketing of the Property for sale, submissions relating to Seller's ’s obtaining of corporate authorization, attorney and accountant work product, attorney-client privileged documents, or other information in the possession or control of Seller or Seller's ’s property manager which Seller deems proprietary. Purchaser acknowledges and agrees, however, that Seller makes no representation or warranty of any nature whatsoever, express or implied, with respect to the ownership, enforceability, accuracy, adequacy or completeness or otherwise of any of such records, evaluations, data, investigations, reports, cost estimates or other materials. If the Closing contemplated hereunder fails to take place for any reason, Purchaser shall promptly (and as a condition to the refund of the Xxxxxxx Money) return all copies of materials copied from Seller's ’s books, records and files relating to the Property. It is understood and agreed that Seller shall have no obligation to obtain, commission or prepare any such books, records, files, reports or studies not now in Seller's ’s possession. Subject to the foregoing, Seller agrees to make available to Purchaser for inspection and copying, without limitation, the following books, records and files relating to the Property, all to the extent the same are in Seller's ’s possession:

Seller’s Deliveries to Purchaser; Purchaser’s Access to Seller’s Property Records. (a) Seller and Purchaser acknowledge that all acknowledges receipt of the following have been made available to Purchaser to the extent the same are in the possession of Seller (and Purchaser further acknowledges that no additional items are required to be delivered by Seller to Purchaser except as may be expressly set forth in other provisions of this Agreement): (i) Copies of current Property 2005 property tax bills with respect to the Property and assessor's ’s statements of current assessed valuevalue for 2006 with respect to the Property. (ii) Copies of Property property operating statements for 2004 and 2005 with respect to the past 24 monthsProperty. (iii) 2006 Operating Budget with respect to the Property. (iv) Copies of all Leases, guarantees, any amendments Leases and letter agreements guarantees relating thereto existing as of the Effective Date. (ivv) All Operating Agreements An aged tenant receivable report, if any, regarding income from the tenants. (vi) Annual tenant, tax and operating expense billing statements and general ledger for 2004 and 2005. (vii) Copies of the Commission Agreements. (viii) Copies of all Service Contracts currently in place at the Property. (vix) A copy The Title Commitment and copies of Seller's (or its affiliate's) current policy of the title insurance with respect to the Land and Improvementsdocuments listed on Exhibit “G” attached hereto. (vix) A copy of the Existing Survey. (vii) Environmental Site Assessment prepared by Technical Concepts LLC and dated October 2, 2008 (the “Existing Phase I Report”). (viiixi) Copies of the Commission AgreementsExisting Environmental Reports. (ixxii) All construction plans A copy of the Property Condition Assessment prepared by MACTEC Engineering and specifications in Seller's possession that are available in electronic form Consulting, Inc. dated May 24, 2006, and a copy of the report by Wxxxxxxxxx & Associates relating to the developmentroof dated May 8, condition, repair and maintenance 2006. (xiii) Copies of certificates of occupancy in the possession of Seller with respect to the Property. (xiv) A copy of the Property, the Improvements and the Personal PropertyLeasing Agreement. (b) From the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall allow Purchaser and Purchaser's ’s representatives, on reasonable advance notice and during normal business hours, to have access to Seller's ’s existing non-confidential books, records and files relating to the Property, at Seller's ’s on-site management office at 0000 Xxx Xxxxxxx the Property or at Seller’s office at 2000 Xxxxx Xxxxx Xxxxxxx, Xxxxx 0000000, Xxxxxxx, Xxxxxxx 00000, for the purpose of inspecting and (at Purchaser's ’s expense) copying the same, including, without limitation, copies of any financial statements or other financial information of the tenants under the Leases (and the Lease guarantors, if any), written information relative to the tenants’ payment history and tenant correspondence, to the extent Seller has the same in its possession, available surveys, plans and specifications, copies of any permits, licenses or other similar documents, available records of any operating costs and expenses and similar materials listed below (relating to the operation, maintenance, repair, management and leasing of the Property, all to the extent any or all of the same are in the possession of Seller's possession), ; subject, however, to the limitations of any confidentiality or nondisclosure non-disclosure agreement to which Seller may be bound, and provided that Seller shall not be required to deliver or make available to Purchaser (i) any records, reports, notices, test results or other information in Seller's possession relating to the environmental condition of the Property (other than the Existing Phase I Report), and (ii) any appraisals, strategic plans for the Property, internal analyses, information regarding the marketing of the Property for sale, submissions relating to Seller's ’s obtaining of corporate authorization, attorney and accountant work product, attorney-client privileged documents, or other information in the possession or control of Seller which is confidential or proprietary in nature. Alternatively, at Purchaser’s request and at Purchaser’s cost and expense, and subject to the provisions hereof, Seller will make copies of non-confidential and non-proprietary due diligence materials relating to the Property as may be reasonably requested by Purchaser in writing, and as may be in Seller's property manager which Seller deems proprietary’s possession or control, and will deliver the same to Purchaser. Purchaser acknowledges and agrees, however, that Seller makes no representation or warranty of any nature whatsoever, express or implied, with respect to the ownership, enforceability, accuracy, adequacy or completeness or otherwise of any of such records, evaluations, data, investigations, reports, cost estimates reports or other materials. If the Closing contemplated hereunder fails to take place for any reason, Purchaser shall promptly return (or certify as having destroyed) all copies of materials copied from Seller's ’s books, records and files of Seller or furnished by Seller or Seller’s representatives relating to the Property. It is understood and agreed that Seller shall have no obligation to obtain, commission or prepare any such books, records, files, reports or studies not now in Seller's ’s possession. Subject to The obligation of Purchaser in the foregoing, Seller agrees to make available to Purchaser for inspection and copying, without limitation, second preceding sentence shall survive the following books, records and files relating to the Property, all to the extent the same are in Seller's possession:termination of this Agreement.

Seller’s Deliveries to Purchaser; Purchaser’s Access to Seller’s Property Records. (a) Seller and Purchaser acknowledge that all of the following either have been or shall be electronically delivered or made available to Purchaser on the Effective Date to the extent the same are in the possession of Seller (and Purchaser further acknowledges that no additional items are required to be delivered by Seller to Purchaser except as may be expressly set forth in other provisions of this Agreement): (i) Copies of current Property tax bills and assessor's statements of current assessed value. (ii) Copies of Property operating statements for the past 24 months. (iii) Copies of all the Leases, guarantees, any amendments and letter agreements relating thereto existing as of the Effective Date. (iv) All Operating Agreements currently in place at the Property, if any. (v) A copy of Seller's (or its affiliate's) current policy of title insurance with respect to the Land and Improvements. (vi) A copy of the Existing Survey. (vii) Environmental Site Assessment prepared by Technical Concepts LLC and dated October 2, 2008 (A copy of Seller’s existing certificates of insurance currently in effect for the “Existing Phase I Report”)Property. (viii) Copies of the Commission Agreements. (ix) All construction plans and specifications any certificates of occupancy in Seller's possession that are available in electronic form relating place with respect to the development, condition, repair and maintenance of the Property, the Improvements and the Personal Property. (b) From the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall allow Purchaser and Purchaser's representatives, on reasonable advance notice and during normal business hours, to have access to Seller's existing non-confidential books, records and files relating to the Property, at Seller's property manager’s office at 0000 Xxx Xxxxxxx Xxxxxxx000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, for the purpose of inspecting and (at Purchaser's expense) copying the same, including, without limitation, the materials listed below (to the extent any or all of the same are in Seller's possession), subject, however, to the limitations of any confidentiality or nondisclosure agreement to which Seller may be bound, and provided that Seller shall not be required to deliver or make available to Purchaser (i) any records, reports, notices, test results or other information in Seller's possession relating to the environmental condition of the Property (other than the Existing Phase I Report)Property, and (ii) any appraisals, property condition reports, budgets, strategic plans for the Property, internal analyses, information regarding the marketing of the Property for sale, submissions relating to Seller's obtaining of corporate authorization, attorney and accountant work product, attorney-client privileged documents, or other information in the possession or control of Seller or Seller's property manager which Seller deems proprietary. In the event that Purchaser requests copies of other non-confidential books, records and files relating to the Property that are located in Seller’s office, Seller shall either (y) send to Purchaser such additional records and files in an electronic format, or (z) make arrangements to have such additional records and files to the office of Seller’s property manager. Purchaser acknowledges and agrees, however, that Seller makes no representation or warranty of any nature whatsoever, express or implied, with respect to the ownership, enforceability, accuracy, adequacy or completeness or otherwise of any of such records, evaluations, data, investigations, reports, cost estimates or other materials. If the Closing contemplated hereunder fails to take place for any reason, Purchaser shall promptly return all copies of materials copied from Seller's books, records and files relating to the Property. It is understood and agreed that Seller shall have no obligation to obtain, commission or prepare any such books, records, files, reports or studies not now in Seller's possession. Subject to the foregoing, Seller agrees to make available to Purchaser for inspection and copying, without limitation, the following books, records and files relating to the Property, all to the extent the same are in Seller's possession:

Seller’s Deliveries to Purchaser; Purchaser’s Access to Seller’s Property Records. (a) Seller and Purchaser acknowledge that all of the following either have been or shall be delivered or made available to Purchaser within five (5) Business Days of the Effective Date to the extent the same are in the possession of Seller (and Purchaser further acknowledges that no additional items are required to be delivered by Seller to Purchaser except as may be expressly set forth in other provisions of this Agreement): (i) Copies of current Property tax bills and assessor's ’s statements of current assessed value. (ii) Copies of Property operating statements for the past 24 months, including operating statements from 2010, and a summary of Seller’s capital expenditures for the prior two (2) years. (iii) Copies of all Leases, guarantees, any amendments and letter agreements relating thereto existing as of the Effective Date. (iv) All Operating Agreements currently in place at the Property. (v) A copy of Seller's ’s (or its affiliate's’s) current policy of title insurance with respect to the Land and Improvements. (vi) A copy of the Existing Survey. (vii) Environmental Site Assessment prepared by Technical Concepts LLC Insurance and dated October 2loss-claim history, 2008 (including the “Existing Phase I Report”)status of any pending litigation. (viii) Copies List of employees working at the Commission AgreementsProperty, if any. (ix) All construction plans Copies of all warranties and specifications in Seller's possession that are available in electronic form guaranties relating to the development, condition, repair and maintenance of the Property, the Improvements and the Personal Property. (x) Property Condition Report for the Property dated April 12, 2010, prepared by Green Concepts International. (xi) Roof Report & Repair Proposal dated July 8, 2010, from Tecta America. (xii) Inspection Report dated July 23, 2010, from EPCO Mechanical. (xiii) Phase I Environmental Site Assessment dated May 20, 1997, prepared by Terracon Environmental, Inc. (b) From the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall allow Purchaser and Purchaser's ’s representatives, on reasonable advance notice and during normal business hours, to have access to Seller's ’s existing non-confidential books, records and files relating to the Property, at Seller's ’s office at 0000 6000 Xxx Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, for the purpose of inspecting and (at Purchaser's ’s expense) copying the same, including, without limitation, the materials listed below (to the extent any or all of the same are in Seller's ’s possession), subject, however, to the limitations of any confidentiality or nondisclosure agreement to which Seller may be bound, and provided that that, except as specifically identified in Section 3.2(a) above, Seller shall not be required to deliver or make available to Purchaser (i) any records, reports, notices, test results or other information in Seller's ’s possession relating to the environmental condition of the Property (other than the Existing Phase I Report)Property, and (ii) any appraisals, property condition reports, budgets, strategic plans for the Property, internal analyses, information regarding the marketing of the Property for sale, submissions relating to Seller's ’s obtaining of corporate authorization, attorney and accountant work product, attorney-client privileged documents, or other information in the possession or control of Seller or Seller's ’s property manager which Seller deems proprietary. Purchaser acknowledges and agrees, however, that Seller makes no representation or warranty of any nature whatsoever, express or implied, with respect to the ownership, enforceability, accuracy, adequacy or completeness or otherwise of any of such records, evaluations, data, investigations, reports, cost estimates or other materials. If the Closing contemplated hereunder fails to take place for any reason, Purchaser shall promptly return all copies of materials copied from Seller's ’s books, records and files relating to the Property. It is understood and agreed that Seller shall have no obligation to obtain, commission or prepare any such books, records, files, reports or studies not now in Seller's ’s possession. Subject to the foregoing, Seller agrees to make available to Purchaser for inspection and copying, without limitation, the following books, records and files relating to the Property, all to the extent the same are in Seller's ’s possession:

Seller’s Deliveries to Purchaser; Purchaser’s Access to Seller’s Property Records. (a) Seller and Purchaser acknowledge that all of the following either have been or shall be delivered or made available to Purchaser to the extent the same are in the possession of Seller (and Purchaser further acknowledges that no additional items are required to be delivered by Seller to Purchaser except as may be expressly set forth in other provisions of this Agreement): (i) Copies of current Property tax bills and assessor's statements of current assessed value. (ii) Copies of Property operating statements for the past 24 months. (iii) Copies of all Leases, guarantees, any amendments and letter agreements relating thereto existing as of the Effective Date. (iv) All Operating Agreements currently in place at the Property. (vii) A copy of Seller's (or its affiliate's) current ’s policy of title insurance with respect to the Land Air Rights and Improvements. (viiii) A copy of the Existing Survey. (viiiv) Environmental Site Assessment prepared by Technical Concepts LLC and dated October 2, 2008 (Copies of certificates of occupancy related to the “Existing Phase I Report”)Property. (viiiv) Copies of the Commission AgreementsLeases. (ixvi) All construction plans and specifications Operating Agreements currently in Seller's possession that are available in electronic form relating to place at the development, condition, repair and maintenance of the Property, the Improvements and the Personal Property. (b) From the Effective Date until the Closing Date (or the Extension Closing Date, if applicable) or earlier termination of this Agreement, Seller shall allow Purchaser and Purchaser's ’s representatives, on reasonable advance notice and during normal business hours, to have access to Seller's ’s existing non-confidential books, records and files relating to the Property, at Seller's ’s office at 0000 Xxx Xxxxxxx Xxxxxxx, Xxxxx 000, XxxxxxxXxxxxxxx, Xxxxxxx 00000, for the purpose of inspecting and (at Purchaser's ’s expense) copying the same, including, without limitation, the materials listed below (to the extent any or all of the same are in Seller's possession), subject, however, to the limitations of any confidentiality or nondisclosure agreement to which Seller may be bound, and provided that Seller shall not be required to deliver or make available to Purchaser (i) any records, reports, notices, test results or other information in Seller's ’s possession relating to the environmental condition of the Property (other than except for the Existing BASE Consultants Phase I ReportEnvironmental Report dated October 3, 2007, a copy of which has been received by Purchaser), and (ii) any appraisals, property condition reports, soils reports, geo-technical reports, budgets, strategic plans for the Property, internal analyses, information regarding the marketing of the Property for sale, submissions relating to Seller's ’s obtaining of corporate authorization, attorney and accountant work product, attorney-client privileged documents, or other information in the possession or control of Seller or Seller's ’s property manager which Seller deems proprietary. Purchaser acknowledges and agrees, however, that Seller makes no representation or warranty of any nature whatsoever, express or implied, with respect to the ownership, enforceability, accuracy, adequacy or completeness or otherwise of any of such records, evaluations, data, investigations, reports, cost estimates or other materials and Seller shall have no duty to update any such materials. If the Closing contemplated hereunder fails to take place for any reason, Purchaser shall promptly return all copies of materials copied from Seller's ’s books, records and files relating to the Property. It is understood and agreed that Seller shall have no obligation to obtain, commission or prepare any such books, records, files, reports or studies not now in Seller's ’s possession. Subject to the foregoing, Seller agrees to make available to Purchaser for inspection and copying, without limitation, the following books, records and files relating to the Property, all to the extent the same are in Seller's possession:.