Common use of Form of Closing Documents Clause in Contracts

Form of Closing Documents. Prior to the end of the First Contingency Period, Seller and Buyer shall agree on the form of the following documents to be delivered to Buyer on the Closing Date by Seller as set forth in Article 14 hereof: (a) Limited warranty deed; (b) Seller's Affidavit; (c) FIRPTA Affidavit; (d) Assignment and Assumption of the Lease; (e) Assignment of warranties from the party or parties constructing the Improvements on the Property, if Seller has any such warranties in its possession, and if such warranties are not assignable on their face, the written consents of the assignments thereof by the party giving the warranty from the party or parties constructing the Improvements on the Property; (f) Estoppel from Lessee; (g) Indemnity of Seller in favor of Buyer over representations and warranties, if any for which the Landlord is liable under the Lease prior to the Closing Date; In the event that Seller and Buyer do not reach mutual agreement on the form of the above described documents (a) through (g) prior to the end of the First Contingency Period, this Agreement may be terminated by either Seller or Buyer and the Earnest Money and in▇▇▇▇▇▇ shall be returned in full to the Buyer immediately and neither party shall have any further duties or obligations to the other hereunder.

Form of Closing Documents. Prior to the end of the First Contingency Period, Seller and Buyer shall agree on the form of the following documents to be delivered to Buyer on the Closing Date by Seller as set forth in Article 14 hereof: (a) Limited General warranty deed; (b) Seller's Affidavit; (c) FIRPTA Affidavit; (d) Assignment and Assumption of the Lease; (e) Assignment of warranties from the party or parties constructing the Improvements on the Property, if Seller has any such warranties in its possession, and if such warranties are not assignable on their face, the written consents of the assignments thereof by the party giving the warranty from the party or parties constructing the Improvements on the Property; (f) Estoppel from Lessee;; and (g) Indemnity of Seller Hazardous Substances Indemnification Agreement consistent with Seller's representations set forth in favor of Buyer over representations and warranties, if any for which the Landlord is liable under the Lease prior to the Closing Date; paragraph 12(h) hereof. In the event that Seller and Buyer do not reach mutual agreement on the form of the above described documents (a) through (g) prior to the end of the First Contingency Period, this Agreement may be terminated by either Seller or Buyer and the Earnest Money and in▇▇▇▇▇▇▇ Money shall be returned in full to the Buyer immediately and neither party shall have any further duties or obligations to the other hereunder. It shall be a condition precedent to Buyer's obligations to close hereunder that there have been no material changes in any of the information reflected in the Due Diligence Documents after the date of such document and prior to closing. Until this Agreement is terminated or the Closing has occurred, the Seller shall deliver to the Buyer any documentation that comes in the Seller's possession that modifies any of the Due Diligence Documents, including the Lease and the Guaranty, or could render any of the Due Diligence Documents materially inaccurate, incomplete or invalid. The Buyer shall, in any event, have five (5) business days before the Closing Date to review any such document and, if necessary, the Closing Date shall be extended by the number of days necessary for the Buyer to have five (5) business days to review any such document or documents.

Form of Closing Documents. Prior At least seven (7) days prior to the end of the First Contingency Due Diligence Period, Seller shall, at its sole expense, provide to Buyer the following documents, and Seller and Buyer shall agree on the form of the following documents documents, which are to be delivered to Buyer on the Closing Date by Seller (and executed by Seller, Tenant, and Buyer as appropriate) as set forth in Article Section 14 hereof: (a) Limited An Act of Sale with limited warranty deed(the "Deed") dated as of the Closing Date, conveying the Land according to the legal description attached hereto as Exhibit "A", the Deed being subject to the Permitted Exceptions; (b) Seller's AffidavitAffidavit as may be required by the Title Company; (c) FIRPTA Affidavit; (d) Assignment and Assumption of the Lease, in the form attached hereto and incorporated herein as Exhibit "C"; (e) A generic Assignment of warranties from in the party or parties constructing the Improvements on the Property, if Seller has any such warranties in its possession, form as attached hereto and if such warranties are not assignable on their face, the written consents of the assignments thereof by the party giving the warranty from the party or parties constructing the Improvements on the Property;incorporated herein as Exhibit "D"; and (f) Estoppel from Lessee; (g) Indemnity of Seller Tenant, in favor of Buyer over representations a form set forth in the Starbuck's Lease, and warrantiesotherwise, if any for which the Landlord is liable under the Lease prior reasonably satisfactory to the Closing Date; Buyer. In the event that Seller and Buyer do not reach mutual agreement on the form of the above described documents (a) through (g) 0 prior to the end of the First Contingency Due Diligence Period, or the same delivered by Seller on the Closing Date, this Agreement may be terminated by either Seller or Buyer and the Earnest Money and inaccrued ▇▇▇▇▇▇ est shall be returned in full to the Buyer immediately and neither party shall have any further duties or obligations to the other hereunderhereunder (except for any obligation expressly surviving the termination of this Agreement).