Common use of Seller's Environmental Reports Clause in Contracts

Seller's Environmental Reports. Seller shall deliver to Buyer, not later than five (5) business days after the full execution of this Agreement, copies of all environmental reports in Seller’s possession relating to the Property that were prepared by third party environmental consultants on Seller’s behalf (the “Existing Environmental Report(s)”). The Existing Environmental Report(s) are listed on Exhibit C attached hereto. Seller may, but shall not be required to, commission additional environmental testing of the Property at any time prior to the Closing Date, the cost of which shall be paid by Seller (the “Future Environmental Report(s)”). The Existing Environmental Report(s) and any Future Environmental Report(s) are hereinafter collectively referred to as “Seller’s Environmental Reports.” Seller shall provide Buyer with a copy of any final Future Environmental Report promptly after Seller’s receipt of same. Anything to the contrary herein notwithstanding, Seller shall have no responsibility or liability with respect to the results or any inaccuracies in any Seller’s Environmental Report(s), and makes no representations or warranties whatsoever regarding (i) the completeness of Seller’s Environmental Report(s); (ii) the truth or accuracy of Seller’s Environmental Report(s); or (iii) the existence or nonexistence of any hazardous or toxic wastes or materials in, on, or about the Property. Further, Seller is not assigning Seller’s Environmental Report(s) to Buyer, nor granting Buyer any rights with respect to any environmental firm(s) producing Seller’s Environmental Report(s).

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Behringer Harvard Opportunity REIT II, Inc.)

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Seller's Environmental Reports. Seller shall deliver to Buyer, not later than five (5) business days after simultaneously with the full execution of this Agreement, copies of all environmental reports in Seller’s or its affiliate’s possession relating to the Property that were prepared by third party environmental consultants on Seller’s behalf (the “Existing Environmental Report(s)”). The Existing Environmental Report(s) are listed on Exhibit C attached heretohereto and incorporated herein. Seller may, but shall not be required to, commission additional environmental testing of the Property at any time prior to the Closing Date, the cost of which shall be paid by Seller (the “Future Environmental Report(s)”). The Existing Environmental Report(s) and any Future Environmental Report(s) are hereinafter collectively referred to as “Seller’s Environmental Reports.” Seller shall provide Buyer with a copy of any final Future Environmental Report promptly as soon as possible after Seller’s receipt of same. Anything to the contrary herein notwithstanding, Seller shall have no responsibility or liability with respect to the results or any inaccuracies in any Seller’s Environmental Report(s), and makes no representations or warranties whatsoever regarding (i) the completeness of Seller’s Environmental Report(s); (ii) the truth or accuracy of Seller’s Environmental Report(s); or (iii) the existence or nonexistence of any hazardous or toxic wastes or materials in, on, or about the Property. Further, Seller is not assigning Seller’s Environmental Report(s) to Buyer, nor granting Buyer any rights with respect to any environmental firm(s) producing Seller’s Environmental Report(s).

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (NTS Realty Holdings Lp)

Seller's Environmental Reports. Seller shall deliver has delivered to Buyer, not later than five (5) business days after the full execution of this Agreement, Buyer copies of all environmental reports in Seller’s possession relating to the Property that were prepared by third party environmental consultants on Seller’s behalf behalf, which reports which are listed on Exhibit C attached hereto and made a part hereof (the “Existing Environmental Report(s)”). The Buyer acknowledges receipt of the Existing Environmental Reports. Notwithstanding the foregoing, Seller shall be under no obligation to release any Existing Environmental Report(s) are listed on Exhibit C attached heretoto Buyer that were prepared internally by Seller. Seller may, but shall not be required to, commission additional environmental testing of the Property at any time prior to the Closing Date, the cost of which shall be paid by Seller (the “Future Environmental Report(s)”). The Existing Environmental Report(s) and any Future Environmental Report(s) are hereinafter collectively referred to as “Seller’s Environmental Reports.” Seller shall provide Buyer with a copy of any final Future Environmental Report promptly after Seller’s receipt of same. Anything to the contrary herein notwithstanding, Seller shall have no responsibility or liability with respect to the results or any inaccuracies in any Seller’s Environmental Report(s), and makes no representations or warranties whatsoever regarding (i) the completeness of Seller’s Environmental Report(s); (ii) the truth or accuracy of Seller’s Environmental Report(s); or (iii) the existence or nonexistence of any hazardous or toxic wastes or materials in, on, or about the Property. Further, Seller is not assigning Seller’s Environmental Report(s) to Buyer, nor Buyer or granting Buyer any rights with respect to any environmental firm(s) producing Seller’s Environmental Report(s).

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Acadia Realty Trust)

Seller's Environmental Reports. Seller shall deliver to Buyer, not later than five one (51) business days day after the full execution of this Agreement, copies of all environmental reports in Seller’s 's possession relating to the Property that were prepared by third party environmental consultants on Seller’s 's behalf (the "Existing Environmental Report(s)"). The Existing Environmental Report(s) are listed on Exhibit C attached hereto. Seller may, but shall not be required to, commission additional environmental testing of the Property at any time prior to the Closing Date, the cost of which shall be paid by Seller (the "Future Environmental Report(s)"). The Existing Environmental Report(s) and any Future Environmental Report(s) are hereinafter collectively referred to as "Seller’s 's Environmental Reports." Seller shall provide Buyer with a copy of any final Future Environmental Report promptly after Seller’s 's receipt of same; provided, however, notwithstanding anything herein to the contrary, Seller shall be under no obligation to release any Future Environmental Report(s) to Buyer with respect to which Seller is under a legal or contractual confidentiality obligation. Anything to the contrary herein notwithstanding, Seller shall have no responsibility or liability with respect to the results or any inaccuracies in any Seller’s 's Environmental Report(s), and makes no representations or warranties whatsoever regarding (i) the completeness of Seller’s Environmental Report(s); (ii) the truth or accuracy of Seller’s Environmental Report(s); or (iii) the existence or nonexistence of any hazardous or toxic wastes or materials in, on, or about the Property. Further, Seller is not assigning Seller’s Environmental Report(s) to Buyer, nor granting Buyer any rights with respect to any environmental firm(s) producing Seller’s Environmental Report(s).'s

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Physicians Realty L.P.)

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Seller's Environmental Reports. Seller shall deliver Buyer may examine the ------------------------------- environmental reports in Seller's possession ("Existing Environmental Report(s)") which have been prepared on the Property as described on Exhibit "C" hereto, copies of which are being furnished to Buyer, not later than five (5) business days after Buyer contemporaneously with the full execution of this Agreement. In addition, copies of all environmental reports in Seller’s possession relating to the Property that were prepared by third party environmental consultants on Seller’s behalf (the “Existing Environmental Report(s)”). The Existing Environmental Report(s) are listed on Exhibit C attached hereto. Seller may, but shall not be required to, commission additional to conduct further environmental testing of the Property at any time prior to the Closing Dateby a firm selected by Seller, the cost of which shall be paid by Seller (the “of Future Environmental Report(s)”). The Report") (Existing Environmental Report(s) and any Future Environmental Report(s) are hereinafter collectively referred to as "Seller’s 's Environmental Reports.” "). Seller shall Shall provide Buyer with a copy of any final Future Environmental Report promptly as soon as possible after Seller’s receipt the Date of sameAgreement. Anything to the contrary herein notwithstanding, Seller shall have no responsibility or liability with respect to the results or any inaccuracies in of any Seller’s 's Environmental Report(s), and makes no representations or warranties whatsoever regarding (i) the completeness of Seller’s 's Environmental Report(s); , (ii) the truth or accuracy of Seller’s 's Environmental Report(s); ) or (iii) the existence or nonexistence of any hazardous or toxic wastes or materials in, on, on or about the Property. Further, Seller is not assigning Seller’s 's Environmental Report(s) to Buyer, nor Buyer or granting Buyer any rights with respect to any the environmental firm(s) producing firms used by Seller’s Environmental Report(s).

Appears in 1 contract

Samples: Real Estate Purchase Agreement (Kilroy Realty Corp)

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