Return of Information Upon Termination. If this Agreement is terminated by either party pursuant to the terms of this Agreement for any or no reason, then upon Sellers’ request, Buyer shall: (a) return to Sellers (or destroy, as directed by Sellers and confirmed in writing by Buyer) all Due Diligence Materials delivered to Buyer or its advisors, agents, representatives, or any other persons or entities acting for or on behalf of any of the foregoing (collectively, the “Receiving Party Representatives”); and (b) upon payment by Seller to Buyer of the actual costs paid by Buyer to third parties for such items or the maximum amount required by Section 3.1(c), deliver to Sellers a copy of any report, study, data, analysis and survey that Buyer and/or the Receiving Party Representatives discover, commission or generate in connection with or resulting from their due diligence activities on the Properties (collectively, the “Information”), provided such Information shall be provided to Sellers without representation or warranty of any kind by Buyer. The provisions of this Section 3.5 shall survive any termination of this Agreement.
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Return of Information Upon Termination. If this Agreement is terminated by either party pursuant to the terms of this Agreement for any or no reason, then upon Sellers’ Seller’s request, Buyer shall: (a) return to Sellers Seller (or destroy, as directed by Sellers Seller and confirmed in writing by Buyer) all Due Diligence Materials delivered to Buyer or its advisors, agents, representatives, or any other persons or entities acting for or on behalf of any of the foregoing (collectively, the “Receiving Party Representatives”); and (b) upon payment by Seller to Buyer of the actual costs paid by Buyer to third parties for such items or the maximum amount required by Section 3.1(c), deliver to Sellers Seller a copy of any report, study, data, analysis and survey that Buyer and/or the Receiving Party Representatives discover, commission or generate in connection with or resulting from their due diligence activities on the Properties Property (collectively, the “Information”), provided such Information shall be provided to Sellers Seller without representation or warranty of any kind by Buyer. The provisions of this Section 3.5 shall survive any termination of this Agreement.
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Sources: Purchase and Sale Agreement (Inland Diversified Real Estate Trust, Inc.)