Seller’s Delivery of Specified Documents. To the extent such items are in Seller’s possession or control, Seller shall provide to Purchaser the following (the “Property Information”) within 5 business days after the Date of this Agreement:
Seller’s Delivery of Specified Documents. Within three Business Days after receipt and acknowledgement of the Xxxxxxx Money by the Escrow Agent, Seller shall provide to Purchaser, in pdf format, the following information with respect to the Property (the “Property Information”) to the extent in Seller’s possession or to the extent Seller has the ability to regain possession of such Property Information: (i) the latest property tax bills and value renditions from all taxing authorities; (ii) any environmental reports and a schedule listing any such reports; (iii) all existing plans, specifications, permits, approvals (and any applications for permits or approvals), maps and surveys (including, without limitation, archaeological, boundary, topographic and tree surveys); (iv) any subdivision reports; (v) any existing title report, commitment or policy, together with copies of any covenants, conditions, restrictions and other exceptions to title; (vi) any soils and engineering reports; (vii) any written notices, reports, citations, orders, decisions, correspondence, or memoranda from any governmental authority (including, but not limited to, copies of any zoning letters); (viii) all agreements with or applications to, and responses and decisions from, any governmental authority with respect to any zoning modification, variance, exception, platting or other matter relating to the zoning, use, development, subdivision or platting of the Property; (ix) copies of all agreements, studies, reports, correspondence and other documents relating to the presence or absence of any endangered species or environmentally sensitive areas on the Property; (x) any pleadings, judgments, court orders and settlement agreements relating to or resulting from legal proceedings affecting the Property; and (xi) the Lease and any other leases, contracts or agreements relating to the Property or services being provided or to be provided to the Property, including, without limitation, any agreements with electric, cable, gas, telephone or other utility providers. Seller shall provide to Purchaser any documents described above and coming into Seller’s possession or produced by Seller after the initial delivery above and shall continue to provide same during the pendency of this Agreement.
Seller’s Delivery of Specified Documents. On or before the date hereof, Seller has delivered to Buyer true, correct and complete originals or copies of each item described in Exhibit C attached hereto (the "Seller Deliverables") in Seller's possession or control.
Seller’s Delivery of Specified Documents. To the extent such items are in Seller’s (or American Realty Advisor’s (“Asset Manager”) or PM Realty Group’s (“Property Manager”)) actual possession, Seller shall provide (or has provided) to Purchaser the following or a copy of the same (the “Property Information”) on or before the Effective Date:
Seller’s Delivery of Specified Documents. Sellers, at their expense, shall provide to or make available for inspection by Buyer or Buyer's agents, representatives or designees, all of the following as they pertain to the Properties, to the extent the same have not been previously provided or made available:
(a) The latest property tax bills and assessor's statements of current assessed value;
(b) Within one Business Day after being notified of the name of an environmental consultant acceptable to Lender, Seller and Buyer shall order, or approve Lender's order of, a current "Phase One" environmental assessment ("Environmental Report") of each Property meeting Lender's requirements, conducted using ASTM standards by an independent environmental consultant registered with the Lender and approved by Buyer, which assessment shall be certified to Buyer and Lender;
(c) As-built" plans and specifications of the Improvements including the actual floor area measurements, CAD floor diagrams, detailed gross, rentable and usable floor area calculations for each building, each floor and each subtenant (if any), to the extent the same are in the possession, custody or control of Sellers or their agents.
(d) Any soils reports and geological studies, to the extent the same are in the possession, custody or control of Sellers or their agents;
(e) Any covenants, conditions and restrictions, or easements, of which Seller has knowledge and which have not been provided to Buyer by the Title Company;
(f) Any written notices, reports, citations, orders, or decisions relating to the Properties from any governmental authorities, to the extent the same are in the possession, custody or control of Sellers or their agents;
(g) Copies of all documents relating to the presence or absence of any endangered species, environmentally sensitive areas or environmental conditions on the Properties, to the extent the same are in the possession, custody or control of Sellers or their agents;
(h) True and correct copies of all Licenses and Permits;
Seller’s Delivery of Specified Documents. To the extent such items exist and are in Seller’s possession or control, Seller shall provide or make available to Purchaser at the Property the information and documents set forth on Exhibit C attached hereto (the “Property Information”) on the Effective Date. Seller agrees to cooperate with Purchaser and make copies, at Purchaser’s expense, of such documentation as Purchaser may request during the course of Purchaser’s review of the Property Information. The terms “Operating Statements,” and “Service Contracts” are defined in Exhibit C. Seller shall have the continuing obligation during the pendency of this Agreement to provide Purchaser with any document described in Exhibit C and coming into Seller’s or its property manager’s possession or produced by or for Seller after the initial delivery of the Property Information.
Seller’s Delivery of Specified Documents. Subject to the terms and provisions of the Confidentiality Agreement dated as of February 9, 2006 by and between Seller and Purchaser (the “Confidentiality Agreement”), to the extent such items are in Seller’s, any Property Entity’s or its property manager’s possession or control, Seller shall: (a) provide or make available to Purchaser at each Property or at Seller’s office: (i) the information and documents set forth on Exhibit C-1 attached hereto (the “Property Information”) for each Property within five (5) days after the Effective Date, and (ii) the information and documents set forth on Exhibit C-2 regarding the Traville and Belward (the “Entity Information” and, together with the Property Information, the “Pertinent Information”) within five (5) days after the Effective Date; and (b) deliver to Purchaser a property diligence questionnaire for each Property completed by Seller in good faith, without any intentional misstatement of material fact, substantially in the form of Exhibit D attached hereto within ten (10) days after the Effective Date. Seller agrees to cooperate with Purchaser and make copies, at Seller’s expense, of such documentation as Purchaser may request during the course of Purchaser’s review of the Pertinent Information. The terms “Operating Statements,” “Commission Schedule” and “Contracts” are defined in Exhibit C-1. Seller shall have the continuing obligation during the pendency of this Agreement to provide Purchaser with any document described above and coming into Seller’s, any Property Entity’s or its property manager’s possession or produced by or for Seller after the initial delivery of the Pertinent Information.
Seller’s Delivery of Specified Documents. Within five (5) business days after the Date of Agreement (or as otherwise specifically provided hereinbelow), Seller shall provide to Buyer copies of all written materials with respect to the Property in Seller’s possession or reasonable control, including, but not limited to, leases, contracts, reports, studies, surveys, plans, tax bills, environmental reports, construction contracts, architectural contracts, design contracts, site surveys, geotechnical and hydrological studies, zoning reports, governmental permits and approvals, existing title policies, and soils and engineering reports, if any; provided, however, Seller shall not be required to provide, and Buyer shall not be entitled to review, any internal partnership or organizational information or materials of Seller, any memoranda or correspondence from Seller to any of the members of Seller or Seller’s lender, or any other proprietary or confidential information, including financial information relating to the acquisition of the Real Property (collectively, the “Property Information”). Seller hereby covenants and agrees to promptly provide Buyer with any Property Information that comes into Seller’s possession after the Date of Agreement, which is produced by Seller, required to be produced by Seller or updated after the initial deliveries above and shall continue to provide same during the pendency of this Agreement.
Seller’s Delivery of Specified Documents. Within two business days after the date of this Agreement, Seller shall deliver or make available to Purchaser true, correct and complete copies of the following documents relating to the Property together with the items set forth on Schedule 2.1 attached hereto and incorporated herein, to the extent that such documents are in the possession or control of Seller (collectively, the “Documents”):
Seller’s Delivery of Specified Documents. In order to assist Buyer with its inspection and review of the Property, Seller hereby certifies that Seller has delivered to Buyer true, correct and complete copies of the items set forth on Appendix 2.2 to this Agreement with respect to each Property (collectively, the "Property Information"). If any such item is not in Seller's or its property manager's possession or control or reasonably capable of being generated by Seller or its property manager, Seller hereby certifies that Appendix 2.2 accurately states "None" with respect to such items. During the term of this Agreement, Seller shall provide Buyer with any document described above as and when it comes into Seller's or its property manager's possession or control or is produced by Seller or its property manager after the initial delivery of the Property Information. Without limiting the foregoing, Seller shall make all other documents, files and information concerning the Property in Seller's possession or control available for Buyer's inspection at the Property or such other location as shall be mutually agreed by the parties.
