Excluded Documents Clause Samples

Excluded Documents. As used herein, "Excluded Documents" shall mean (a) any documents involving Sellers' financing or refinancing of the Properties (other than documents pertaining to the physical or environmental condition of the Properties and other than documents pertaining to the Loans), (b) any purchase and escrow agreements and correspondence pertaining to Sellers' acquisition of the Properties (other than documents pertaining to the physical or environmental condition of the Properties), (c) any documents pertaining to the potential acquisition of the Properties by any past or prospective purchasers (other than documents relating to the physical or environmental condition of the Properties), (d) any third party purchase inquiries and correspondence, appraisals or economic evaluations of the Properties, (e) Sellers' organizational documents and records, internal budgets, financial projections, reports or correspondence prepared by Seller or Sellers' advisors exclusively for Sellers or Sellers' constituent entities and any other internal documents (other than documents relating to the physical or environmental conditions of the Properties), (f) any personnel records and files maintained by or on behalf of Sellers with respect to individuals, if any, employed at or in connection with the Properties which Sellers are obligated by law or otherwise to keep confidential, and (g) any documents or materials which are subject to the attorney/client privilege or which are the subject of a confidentiality obligation. Notwithstanding anything in Section 4.1.2 to the contrary, Sellers shall have no obligation to make available to Buyer and Buyer's authorized agents and representatives, and Buyer and Buyer's authorized agents and representatives shall have no right to inspect to make copies of, any of the Excluded Documents.

Excluded Documents. 13 4.2.3 Proprietary Information..............................................................14 4.2.4 Return of Property Records...........................................................14 4.2.5 No Representation or Warranty By Property Owner......................................14 4.2.6 Remedies.............................................................................14 4.3 Title.........................................................................................14

Excluded Documents. All (a) correspondence, documents or reports prepared by or for Seller in connection with the proposed sale of the Property, (b) communications between Seller or any affiliate and their attorneys or other agents or representatives, (c) appraisals, assessments or other evaluations of the Property in the possession of Seller or its representatives, and (d) other correspondence, memoranda and documents prepared or intended for internal use of Seller and/or its representatives.

Excluded Documents. 14, 3 Excluded Property.................................................................................................2

Excluded Documents. Any insurance proceeds received by Seller either before or after Closing and attributable to events which occurred prior to Closing, except to the extent that all or any portion of such proceeds are to be provided to Purchaser pursuant to Section 11.01 of the Agreement.

Excluded Documents. Buyer acknowledges and agrees that Seller will not disclose or transfer the Excluded Documents. Buyer further acknowledges and agrees that the Excluded Documents may contain significant information relating to Seller’s perceived value of the Loan; provided, however, that, to Seller’s Actual Knowledge, such failure to disclose or transfer the Excluded Documents shall not cause items in the Loan File to become unenforceable, invalid, untrue or misleading in any material respect.

Excluded Documents. Section 4.1.3 Finally Completed............................................................. Section 5.8(b)(iii) Hazardous Substances.......................................................... Section 4.6(h)(iii) Independent Consultant........................................................ Section 5.8(b)(ii) Initial Closing............................................................... Section 2.4 Initial Closing Date.......................................................... Section 5.2(a) Initial Closing Deposit....................................................

Excluded Documents. The term "Excluded Documents" shall have the meaning ascribed to such term in Section 8.8.

Excluded Documents. Purchaser acknowledges that the Excluded Documents are not included in the Loan Files. The Excluded Documents may include material information that, if known to Purchaser, could have a material influence upon Purchaser’s assessment of the value, merits, risks and hazards inherent in the Loans, and Purchaser accepts such risks by entering into this Agreement, and such risks shall be borne solely by Purchaser. In no event shall Purchaser at any time be entitled to review or have access to or rights of discovery with respect to the Excluded Documents, all of which are hereby waived.