Transfer of Files. To the extent Buyer or one of its affiliates does not already have possession of any of the following described files and records, Seller will use its best efforts to deliver to Buyer, at Buyer’s expense, and within 45 days after Closing, all of Seller’s lease files, abstracts and title opinions, division order files, production records, well files, accounting records (but not including general financial accounting or tax accounting records), and other similar files and records which directly relate to the Properties, other than those which Seller considers to be proprietary or confidential to it or which Seller cannot provide to Buyer without, in its reasonable opinion, breaching, or risking a breach of, agreements with other parties, or waiving, or risking waiving, legal privilege. Seller may, at its election, make and retain copies of any or all such files. Buyer shall preserve all files so delivered by Seller for a period of four years following Closing and will allow Seller access (including, without limitation, the right to make copies at Seller’s expense) to such files at all reasonable times.
Appears in 2 contracts
Sources: Agreement of Sale and Purchase (EV Energy Partners, LP), Sale and Purchase Agreement (EV Energy Partners, LP)