SITE ANALYSIS DOCUMENTS. To the extent not heretofore delivered, promptly after the execution of this Agreement, Seller agrees (i) to make available for inspection at reasonable times by Purchaser and its agents any and all documents, instruments, surveys, reports, plans, permits, approvals, studies, reviews, analyses, contracts, agreements and other materials relating to the acquisition, development, construction, ownership and operation of the Project that are in Seller's possession or under its control, and (ii) to deliver to Purchaser true and correct copies of the following documents (in respect to clause (ii) collectively hereafter referred to as "Site Analysis Documents"): (a) As-built" survey of the Project showing the location of all Improvements thereon and any easements encumbering the Project. (b) Soil, topographical, and other reports relating to the Project, including the environmental reports set forth on Schedule 5.01(b) ("Environmental Reports") attached hereto. (c) Operating statements and records sufficient to accurately show all revenues, income, costs and expenses of operating and maintaining the Project for the period on and after the opening of the Project for business. (d) All written contracts for repair, maintenance, garbage removal, concessions, vending, service contracts, and other services to be performed with respect to the Project. (e) All Leases (as hereinafter defined) and all written licenses, concessions and tenancies with Tenants (as hereinafter defined) occupying or having the right to occupy any portion of the Project, and Seller's written statement of any oral leases, licenses, concessions and tenancies with tenants, licensees, concessionaires or others occupying or having the right to occupy or use any portion of the Project, if any. (f) All architectural drawings, engineering studies, plans and specifications relating to the original and current construction of the Project (hereinafter collectively referred to as "Plans"). (g) All warranties and guaranties that remain outstanding as of the Closing Date that have been given by Seller or any third party contractors, subcontractors, vendors and suppliers relating to their performance, quality of workmanship and quality of materials supplied in connection with the construction, manufacture, development, installation and operation of the Improvements, Personal Property and any and all fixtures, equipment and items of personal property comprising all or any part of the Improvements located in or used in connection with the Project (collectively hereinafter referred to as "Guaranties"), all of which are set forth on Schedule 5.01(g) attached hereto.
Appears in 3 contracts
Sources: Agreement of Purchase and Sale (Developers Diversified Realty Corp), Purchase and Sale Agreement (Developers Diversified Realty Corp), Agreement of Purchase and Sale (Developers Diversified Realty Corp)
SITE ANALYSIS DOCUMENTS. To the extent not heretofore delivered, promptly after the execution of this Agreement, Seller agrees (i) to make available for inspection at reasonable times by Purchaser and its agents any and all documents, instruments, surveys, reports, plans, permits, approvals, studies, reviews, analyses, contracts, agreements and other materials relating to the acquisition, development, construction, ownership and operation of the Project that are in Seller's possession or under its control, and (ii) to deliver to Purchaser true and correct copies of the following documents (in respect to clause (ii) collectively hereafter referred to as "Site Analysis Documents"):
(a) As-built" survey of the Project showing the location of all Improvements thereon and any easements encumbering the Project.
(b) Soil, topographical, and other reports relating to the Project, including the environmental reports set forth on Schedule 5.01(b) ("Environmental Reports") attached hereto.
(c) Operating statements and records sufficient to accurately show all revenues, income, costs and expenses of operating and maintaining the Project for the period on and after the opening of the Project for business.
(d) All written contracts for repair, maintenance, garbage removal, concessions, vending, service contracts, and other services to be performed with respect to the Project.
(e) All Leases (as hereinafter defined) and all written licenses, concessions and tenancies with Tenants (as hereinafter defined) occupying or having the right to occupy any portion of the Project, and Seller's written statement of any oral leases, licenses, concessions and tenancies with tenants, licensees, concessionaires or others occupying or having the right to occupy or use any portion of the Project, if any.
(f) All final, as-built architectural drawings, engineering studies, plans and specifications relating to the original and current construction of the Project (hereinafter collectively referred to as "Plans").
(g) All warranties and guaranties that remain outstanding as of the applicable Closing Date that have been given by Seller or any third party contractors, subcontractors, vendors and suppliers relating to their performance, quality of workmanship and quality of materials supplied in connection with the construction, manufacture, development, installation and operation of the Improvements, Personal Property and any and all fixtures, equipment and items of personal property comprising all or any part of the Improvements located in or used in connection with the Project (collectively hereinafter referred to as "Guaranties"), all of which are set forth on Schedule 5.01(g) attached hereto.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Developers Diversified Realty Corp)