Submission Matters. 14 3.15 Bankruptcy................................................... 14 3.16
Submission Matters. To Crow's knowledge, all Submission Matters ------------------ delivered by Crow to Patriot pursuant to this Agreement are true, correct and complete in all material respects.
Submission Matters. Seller has provided to Purchaser and Purchaser acknowledges receipt, whether by (i) delivery to Purchaser, (ii) availability at the Property, or (iii) availability on an electronic "war room" accessible to Purchaser, certain "Property Documents" described in the Access Agreement which for purposes of this Agreement shall be considered the "Submission Matters"). Purchaser and Seller both acknowledge Seller believes it has provided Purchaser what it believes to be the Submission Matters and, other than certain items previously requested, Purchaser is not aware of any additional Submission Matters for Seller to provide. If Seller discovers additional items or information which should have been included in the Submission Matters, Seller shall promptly provide such Submission Matters to Purchaser. If Purchaser has reason to believe there may be Submission Matters beyond those already provided by Seller, Purchaser shall make prompt request to Seller for such potential Submission Matters.
Submission Matters. (a) Seller shall within five (5) business days deliver to Buyer copies of the following (the "Submission Matters"), to the extent (and only to the extent) that such items are available and in Seller's actual possession:
(i) the Tenant Leases;
(ii) revenue and expense reports, or equivalent, in the form prepared by the property manager for 2002 and 2003 ("Operating Reports");
(iii) the aged delinquency report(s) for the previous 24 months, in the form prepared by the property manager;
(iv) copies of any service or maintenance contracts which are currently in effect ("Service Contracts");
(v) Seller's most current Owner's Title Policy (with the amount of the coverage removed);
(vi) Elevator Modernization Contract dated August 28, 2003 as amended November 14, 2003 by and between Seller and Xxxxxxxxx Elevator ("Elevator Contract");
(vii) Lobby modernization plans prepared by Architeam, Architects and Interior Designers ("Lobby Plans");
(viii) Parking Garage Lease Agreement dated as of May 31, 1953, regarding the elm street garage ("Parking Agreement");
(ix) An inventory of the Personal Property;
(x) A rent roll as of a recent date in the form provided to Seller by its property manager;
(xi) copies of all utility and tax (real and personal property) bills for the current year and the immediately preceding year together with the current tax assessment information; and
(xii) copies of any certificates of occupancy;
(b) Seller is currently in the process of finalizing the contract for the modernization of the lobby of the Building in accordance with the Lobby Plans ("Lobby Contract"). At least five (5) days prior to the expiration of the Feasibility Period, Seller shall provide to Buyer a copy of the executed Lobby Contract.
(c) In addition, Seller has or will cause to be made available to Buyer for inspection at the Property the following (the "Additional Submission Matters"), to the extent (and only to the extent) that such items are available and in Seller's actual possession or control:
i) copies of any plans and specifications;
ii) maintenance records for the Property; and
iii) tenant correspondence files.
(d) Any failure of Seller to timely deliver any of the Submission Matters or make available any of the Additional Submission Matters will not extend the Feasibility Period beyond the period prescribed in Section 5.(a) hereof, and Buyer's sole and exclusive remedy on account of any such failure will be to terminate this Contract prior to the expiration of th...
Submission Matters. Seller shall deliver to Buyer within five days after the Effective Date, copies of the following (the “Submission Matters”):
(i) a standard form of Tenant Lease used with respect to the Property;
(ii) all Tenant Leases with Retail Tenants (“Retail Leases”);
(iii) all Service Contracts relating to the ownership and operation of the Property;
(iv) a list of the Personal Property;
(v) all licenses and permits with respect to the ownership and operation of the Property, including building permits and certificates of occupancy;
(vi) the most current real estate and personal property tax statements with respect to the Property;
(vii) to the extent (and only to the extent) that such items are available and in Seller’s actual possession or in the actual possession of Seller’s management company, all warranties and guaranties relating to the Property, or any part thereof, or to the Personal Property;
(viii) a rent roll as of a date not more than 30 days prior to the Effective Date (“Initial Rent Roll”) prepared by the management company managing the Property showing, at a minimum, the following information: (a) unit number, (b) tenant name, (c) rental rate, (d) expiration date of the Tenant Lease, (e) amount of deposits, and (f) move-in date;
(ix) operating reports since completion of construction and occupancy of the Property prepared by the management company managing the Property, showing all items of income and expense and all deposits;
(x) to the extent (and only to the extent) that such items are available and in Seller’s actual possession or in the actual possession of Seller’s management company, all environmental, engineering, and soils reports;
(xi) to the extent (and only to the extent) that such items are available and in Seller’s actual possession or in the actual possession of Seller’s management company, non-privileged correspondence and pleadings in pending lawsuits affecting the Property, if any;
(xii) a list of repairs done to the Property after final completion of construction within the last 12 months having a cost of more than $5,000;
(xiii) to the extent (and only to the extent) that such items are available and in Seller’s actual possession or in the actual possession of Seller’s management company, all documentation regarding any roof, foundation, or pest control (including termite) work performed on the Property and the bonds and/or warranties of such work;
(xiv) a schedule of all insurance claims after final completion of construction that...
Submission Matters. All architectural plans, site plans, existing surveys and other specifications for the Property.
Submission Matters. Operating Partnership and Company acknowledge having received copies of the documents listed on Schedule 4.11.
Submission Matters. To Owners’ knowledge, the Submission Matters delivered to Company are true, accurate and complete copies thereof in Owners’ possession or reasonably available to Owners.
Submission Matters. Seller shall or shall cause the Company to deliver in physical or electronic format, or otherwise make available if not reasonably deliverable in either such format, to Purchaser, within five days after the Effective Date, copies of the following (the “Submission Matters”):
(i) a standard form of Tenant Lease and of the Retail Lease used in respect of the Real Property;
(ii) all Tenant Leases with Retail Tenants (“Retail Leases”);
(iii) all Service Contracts relating to the ownership and operation of the Real Property;
Submission Matters. Within five (5) days after executing this Agreement (or such later date as may be appropriate if Seller cannot reasonably supply such items within such five (5) day period), Seller shall deliver the items set forth on Exhibit E attached hereto (the “Submission Matters”).
