Common use of Buyer’s Reports Clause in Contracts

Buyer’s Reports. If the Escrow fails to close for any reason other than Seller's breach of this Agreement, then all studies, surveys (including, without limitation the Survey), if any, reports, test results and analyses concerning the Real Property prepared by, for or on behalf of Buyer in connection with the Real Property (collectively, "Buyer's Reports") shall at the option of Seller, be delivered and assigned to Seller free and clear of all claims and at no cost, expense or liability to Seller. Buyer shall not be required to deliver to Seller internally prepared reports or analyses concerning the valuation or potential performance of the Real Property. Any Buyer's Reports delivered to Seller at Seller's request pursuant to this Section 7.5 shall be delivered without representation or warranty, nor shall Seller assert any warranty or rights against the consultants of Buyer who have prepared such Buyer's Reports.

Appears in 3 contracts

Samples: Option Agreement (Macromedia Inc), Option Agreement (Macromedia Inc), Option Agreement (Macromedia Inc)

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Buyer’s Reports. If the Escrow fails to close for any reason other than Seller's material breach of this Agreement, then all studies, surveys (including, without limitation the Survey), if any, reports, test results and analyses concerning the Real Property prepared by, for or on behalf of Buyer in connection with the Real Property (collectively, "Buyer's ReportsBUYER'S REPORTS") shall at the option of Seller, immediately be delivered and assigned to Seller free and clear of all claims and at no cost, expense or liability to Seller. Buyer shall not be required to deliver to Seller internally prepared reports or analyses concerning the valuation or potential performance of the Real Property. Any Buyer's Reports delivered to Seller at Seller's request pursuant to this Section 7.5 6.5 shall be delivered without representation or warranty, nor shall Seller assert any warranty or rights against the consultants of Buyer who have prepared such Buyer's Reports.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (American Xtal Technology), Purchase and Sale Agreement (Arena Pharmaceuticals Inc)

Buyer’s Reports. If the Escrow fails to close for any reason other than Seller's material breach of this Agreement, then all studies, surveys (including, without limitation the Survey), if any, reports, test results and analyses concerning the Real Property prepared by, for or on behalf of Buyer in connection with the Real Property (collectively, "Buyer's ReportsBUYER'S REPORTS") shall at the option of Seller, immediately be delivered and assigned to Seller free and clear of all claims and at no cost, expense or liability to Seller. Buyer shall not be required to deliver to Seller internally prepared reports or analyses concerning the valuation or potential performance of the Real Property. Any Buyer's Reports delivered to Seller at Seller's request pursuant to this Section 7.5 6.5 shall be delivered without representation or warranty, nor shall Seller assert any warranty or rights against the consultants of Buyer who have prepared such Buyer's Reports.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Bre Properties Inc /Md/)

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Buyer’s Reports. If the Escrow fails to close for any reason other than Seller's ’s material breach of this Agreement, then all studies, surveys (including, without limitation the Survey), if any, reports, test results and analyses concerning the Real Property prepared by, by third parties for or on behalf of Buyer in connection with its review of the Real Property (collectively, "Buyer's ’s Reports") shall at the option of Seller, immediately be delivered and assigned to Seller free and clear of all claims and at no cost, expense or liability to Seller. Buyer shall not be required to deliver to Seller internally prepared reports or analyses concerning the valuation or potential performance of the Real Property. Any Buyer's ’s Reports delivered to Seller at Seller's ’s request pursuant to this Section 7.5 6.5 shall be delivered without representation or warranty, nor shall Seller assert any warranty or rights against the consultants of Buyer who have prepared such Buyer's ’s Reports.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)

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