Common use of Preliminary Due Diligence Examination of Property Clause in Contracts

Preliminary Due Diligence Examination of Property. 6.01 Within five (5) business days after execution of this Agreement, or as soon thereafter as reasonably possible, Seller shall provide to Buyer the following information (the "Property Information"), to the extent the Property Information is in the Seller’s actual possession or control: a survey including existing public reports, cross-access easements, drainage easements, ditch easements and/or utility easements/agreements, title report, flood zone status/Elevation Certificate, proof of legal access, septic system reports and permits, well documentation and water rights, Phase 1 report or any other environmental studies or approvals related to current or past operations on the Property of which the Seller has knowledge, soil and archeological studies, tax information, Seller’s Property Disclosure Statement, and other information Seller may have in its possession concerning the Property (“Preliminary Items of Due Diligence”). The Seller makes no representation or warranty whatsoever regarding the Property Information, except that the Seller has no actual knowledge of any incorrect information contained therein (and such representation is made without investigation or review by the Seller of the Property Information). The Seller nor any of its council members, employees, attorneys, engineers, agents or representatives shall be deemed to make or have made any representation or warranty as to the adequacy, validity, accuracy, fitness for a particular purpose or completeness of the Property Information, and neither Seller nor any of its council members, employees, attorneys, engineers, agents or representatives shall have any liability resulting from the use of or reliance on the Property Information. If this transaction does not close for any reason, Buyer shall not use any Property Information provided to Buyer and shall return the same and any copies thereof to the Seller.

Preliminary Due Diligence Examination of Property. 6.01 5.01 Within five (5) business days after execution of this Agreement, or as soon thereafter as reasonably possible, Seller shall provide to Buyer the following information (the "Property Information"), to the extent the Property Information is in the Seller’s actual possession or control: a survey including existing public reports, cross-access easements, drainage easements, ditch easements and/or utility easements/agreements, title report, flood zone status/Elevation Certificate, proof of legal access, septic system reports and permits, well documentation and water rights, Phase 1 report or any other environmental studies or approvals related to current or past operations on the Property of which the Seller has knowledge, soil and archeological studies, tax information, Seller’s Property Disclosure Statement, and other information Seller may have in its possession concerning the Property (“Preliminary Items of Due Diligence”). The Seller makes no representation or warranty whatsoever regarding the Property Information, except that the Seller has no actual knowledge of any incorrect information contained therein (and such representation is made without investigation or review by the Seller of the Property Information). The Seller nor any of its council members, employees, attorneys, engineers, agents or representatives shall be deemed to make or have made any representation or warranty as to the adequacy, validity, accuracy, fitness for a particular purpose or completeness of the Property Information, and neither Seller nor any of its council members, employees, attorneys, engineers, agents or representatives shall have any liability resulting from the use of or reliance on the Property Information. If this transaction does not close for any reason, Buyer shall not use any Property Information provided to Buyer and shall return the same and any copies thereof to the Seller.

Preliminary Due Diligence Examination of Property. 6.01 Within five three (53) business days after execution the Opening of this Agreement, or as soon thereafter as reasonably possibleEscrow, Seller shall provide to Buyer the following information (the "Property Information"), to the extent the Property Information is in the Seller’s actual possession or control: a survey including existing public reports, cross-access easements, drainage easements, ditch easements and/or utility easements/agreements, title report, flood zone status/Elevation Certificate, proof of legal access, septic system reports and permits, well documentation and water rights, Seller’s existing title policy, if any, Phase 1 report or any other environmental studies or approvals related to current or past operations on the Property of which the Seller has knowledge, soil and archeological studies, tax information, Seller’s Property Disclosure Statement, all written notices from any governmental or quasi-governmental authority of a violation of any law or regulation (including, without limitation, environmental laws) with respect to the Property (or any portion thereof) which remains uncured or with respect to the exercise by such authority of the right of condemnation or eminent domain, disclosure of all defects in the Property actually known to Seller, including, but not limited to, environmental, compaction, zoning, and other information Seller may have in its possession concerning the Property (“Preliminary Items of Due Diligence”)Property. The Seller makes no representation or warranty whatsoever regarding the Property Information, except that the Seller has no actual knowledge of any incorrect information contained therein (and such representation is made without investigation or review by the Seller of the Property Information). The Seller nor any of its council members, employees, attorneys, engineers, agents or representatives shall be deemed to make or have made any representation or warranty as to the adequacy, validity, accuracy, fitness for a particular purpose or completeness of the Property Information, and neither Seller nor any of its council members, employees, attorneys, engineers, agents or representatives shall have any liability resulting from the use of or reliance on the Property Information. If this transaction does not close for any reason, Buyer shall not use any Property Information provided to Buyer and shall destroy or return the same and any copies thereof to the Seller.