Delivery of Property Documents. Within five (5) Business Days after the Effective Date of this Agreement, Seller shall deliver, or make available for inspection, all documents pertaining to the development, ownership, or operation of the Property, to the extent such items presently exist and are in Seller’s possession or control, including but not limited to, any leases, licenses or other agreements permitting any party to possess, occupy or enter into all or any portion of the Property; any existing survey of the Property; existing title commitments and/or policies; soils reports; feasibility studies; building plans and specifications and any remeasurement documentation; operating statements for the Property for the past two fiscal years; any lease documents that will survive Closing; environmental reports, studies, assessments, and notices; any service, vendor, or other similar third party contracts; any documentation regarding water, sanitary sewer, gas and other utilities serving the Property; property tax notices; evidence of insurance and any claims within the past two (2) fiscal years; copies of the most recent monthly operating statements of the Property, engineering studies; licenses, permits, and final certificates of occupancy relating to any buildings located on the Land; and property tax notices for the last 3 years, together with the tax b▇▇▇ for the current year (collectively the “Documents”). Seller agrees to promptly supplement the Documents to the extent additional Documents become available and to notify Buyer of the same. Except as may be expressly provided for herein, Seller does not warrant the accuracy of any of the documents or information provided under this Section 3 and Buyer shall have no right to rely on any Documents without the written consent of the party preparing same. In the event this Agreement is terminated prior to the Closing, Buyer shall return all copies of the Documents to Seller, and Buyer shall be obligated to keep the contents of the Documents confidential, as further described in Section 30. This Section 3 shall survive the termination of this Agreement.
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Delivery of Property Documents. Within five (5) Business Days after Following confirmation that Buyer has deposited the Effective Date of this Agreement▇▇▇▇▇▇▇ Money Deposit into Escrow, Seller shall deliver, or make available for inspection, all documents pertaining provide Buyer with access to the developmentfollowing (collectively, ownership, the “Property Documents”) (which Property Documents may be delivered via internet access and/or by delivery of readily accessible electronic data): (i) a title report or operation commitment for the Property prepared by Title Company (including copies of the Propertyunderlying documents referenced therein, unless such report or commitment contains hyperlinks for such underlying documents by which Buyer may access the same) (collectively referred to as "Title Documents"); and (ii) copies of standard due diligence materials relating to the extent such items presently exist and are Property in Seller’s possession or controlincluding, including but not limited to, any leases, licenses current and historical financial operating statements, vendor contracts (if applicable), real property tax bills or receipts, certificates of occupancy, surveys, title insurance policies and commitments, engineering studies, zoning information, environmental studies, all structural studies and reports, appraisals, record plats, civil engineering drawings, utility plans, architectural drawings, renderings and/or any other agreements permitting any party to possessdrawings, occupy or enter into all traffic studies, geotechnical reports, permits, outstanding liens and pending lawsuits. Buyer acknowledges, understands and agrees that except as expressly set forth in this Agreement or any portion document between Seller and Buyer to effectuate this transaction (each a “Closing Document” and collectively, the “Closing Documents”), (A) neither Seller nor any of its agents, employees, attorneys or contractors has made (nor shall any of them be deemed to have made) any warranties or representations regarding the truth, accuracy or completeness of the Property; Property Documents, (B) Seller has not undertaken and will not undertake any existing survey independent investigation as to the truth, accuracy or completeness of the Property; existing title commitments and/or policies; soils reports; feasibility studies; building plans and specifications and any remeasurement documentation; operating statements for Property Documents, (C) delivery of the Property Documents is only for the past two fiscal years; any lease documents that will survive Closing; environmental reports, studies, assessments, Buyer's convenience in making its own examination and notices; any service, vendor, or other similar third party contracts; any documentation regarding water, sanitary sewer, gas and other utilities serving the Property; property tax notices; evidence of insurance and any claims within the past two (2) fiscal years; copies of the most recent monthly operating statements of determination whether to purchase the Property, engineering studies; licensesand, permitsin so doing, Buyer shall rely exclusively upon its own independent investigation and final certificates evaluation of occupancy relating to any buildings located on the Land; and property tax notices for the last 3 years, together with the tax b▇▇▇ for the current year (collectively the “Documents”). Seller agrees to promptly supplement the Documents to the extent additional Documents become available and to notify Buyer every aspect of the same. Except as may be expressly provided for herein, Seller does Property and not warrant the accuracy of on any of the documents or information Property Documents provided under this Section 3 by Seller, and (D) Buyer shall have no right to rely on any Documents without the written consent hereby releases all of the party preparing sameSeller Parties from any and all claims, suits, damages or liability arising out of the Property Documents or any inaccuracy, error or omission therein. In the event this Agreement is terminated prior to the Closingfor any reason, Buyer shall shall, (1) promptly following Seller’s request therefor, return to Seller any and all copies of the Property Documents to provided originally by Seller, and (2) other information regarding the Property obtained by Buyer or its employees, agents or consultants upon Seller’s request therefor and receipt of payment for Buyer’s out-of-pocket costs incurred with preparing the same; provided that in no event shall Buyer be obligated required to keep the contents of the Documents confidentialturnover to Seller any proprietary, as further described in Section 30. This Section 3 shall survive the termination of this Agreementprivileged or confidential tests, surveys, analysis, correspondence, reports or work product.
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