Delivery of Due Diligence Materials. Within ten (10) business days after the date of this Agreement, Seller shall deliver to Buyer all documents, reports, agreements, or other items in its possession or control relating to the Property, including without limitation the following (collectively, the “Due Diligence Materials”): (i) all licenses, leases, and permits affecting or relating to the ownership, subdivision, possession or development of the Property or the construction of improvements thereon, and all amendments and modifications thereto; (ii) applications and correspondence or other written communications to or from any governmental entity, department or agency other than Buyer regarding any permit, approval, consent or authorization with respect to the development of the Property or the construction of improvements thereon; (iii) the most recent survey, if any, pertaining to the Property or any portion thereof; and (iv) soils reports, engineering data, environmental reports, and other data or studies pertaining to the Property or any portion thereof.
Delivery of Due Diligence Materials. In the event that Purchaser shall terminate this Agreement as permitted herein, Purchaser shall provide, or cause to be provided, to Sellers, within five (5) Business Days after such termination and to the extent such items are in the possession of Purchaser or its attorneys, original copies of all surveys, original copies of all environmental reports, appraisals, studies and investigations prepared by or at the request of Purchaser with respect to the Facilities, and copies of all other reports, searches, investigations, studies and materials prepared by or at the request of Purchaser with respect to the Facilities, excluding any internal memoranda and attorney work product. Upon the request of Sellers, Purchaser shall consent to and reasonably cooperate with Sellers in any request from Sellers to any preparer of any such surveys, reports, appraisals, searches, studies, investigations or materials to provide to Sellers written confirmation from such preparer that is addressed to Sellers in form and substance reasonably satisfactory to Sellers and stating that its surveys, reports, appraisals, searches, studies, investigations or materials are certified to Sellers and Sellers are entitled to rely thereon.
Delivery of Due Diligence Materials. Within two Business Days or as soon thereafter as is practicable, of (i) the date hereof with respect to the Group A Properties, the Group B Properties and the Group D Properties, or (ii) the Group C Property ROFO Notice or the Group C Property ROFR Notice, with respect to a Group C Property, or at such other times as set forth in this Agreement with respect to the After-Acquired Properties, the applicable MARC Entity shall deliver to First Union copies of all Due Diligence Materials, and any existing Third Party Property Reports it has in its possession relating to the applicable Property(ies). First Union acknowledges that by making the Due Diligence Materials available to First Union, the MARC Principals have not made, and do not make, any representation or warranty, expressed or implied, as to the accuracy or completeness of the Due Diligence Materials except as set forth in this Agreement. In the event the transactions contemplated hereby are not consummated, First Union will, upon request by the MARC Principals, promptly return to the MARC Principals any of the Due Diligence Materials which may have been delivered to First Union.
Delivery of Due Diligence Materials. Optionee shall promptly deliver the Due Diligence Materials to Optionee, but in no event later than fifteen (15) business days after Optionee delivers the Acquisition Notice. As a condition to such delivery, Optionor may require Optionee to execute an appropriate confidentiality agreement.
Delivery of Due Diligence Materials. Seller has delivered to Buyer all of the materials relating to the Partnership Interests and the Real Property as listed on EXHIBIT F (collectively, the "Due Diligence Materials") for use by Buyer in connection with Buyer's investigation of the Partnership Interests and the Real Property. Seller shall make available to Buyer, at Seller's offices, all additional materials regarding the Partnership Interests and the Real Property in Seller's possession. Seller makes no representation or warranty of any kind with respect to the Due Diligence Materials, including their accuracy, completeness or suitability for reliance thereon by Buyer, except to the extent specifically set forth in Section 12. Seller shall deliver to Buyer within one (1) day following the execution of this Agreement evidence of the net worth of DSL as set forth in the Downxx Xxxancial Corporation Annual Report Form 10K for 1995 and the second quarter form 10Q for the period ending June 30, 1996.
Delivery of Due Diligence Materials. Within five (5) days of the Effective Date, Seller shall deliver to Buyer legible copies of (unless otherwise already provided to Buyer) all documents, reports, agreements, or other items in its possession or control relating to the Property, including, without limitation, the following (collectively, the “Due Diligence Materials”): (i) service contracts; income/expense reports; utility bills; manuals and warranty documents and service records and/or operating instructions for power and energy systems (e.g. HVAC); (ii) completed and executed estoppel certificates from all tenants; all licenses, leases, and permits affecting or relating to the ownership, subdivision, possession or development of the Property or the construction of improvements thereon, and all amendments and modifications thereto; (iii) applications and correspondence or other written communications to or from any governmental entity, department or agency other than District regarding any permit, approval, consent or authorization with respect to the development of the Property or the construction of improvements thereon; (iv) the most recent survey, if any, pertaining to the Property or any portion thereof; (v) soils reports, engineering data, environmental reports, Transfer Disclosure Statements, as-built plans, and other data or studies pertaining to the Property or any portion thereof; (vi) the title policy with exhibits obtained by District upon its purchase of the Property, and (vii) a complete, original size plan set.
Delivery of Due Diligence Materials. The Seller has or will deliver or make available to the Buyer complete copies of all the documents and other Due Diligence materials required to be delivered pursuant to Section 10 and elsewhere in this Agreement (collectively, the “Due Diligence Materials”) to the extent in the Seller’s possession or under the Seller’s control regarding the Property, and there are no other documents or information that have not been or will not be provided to the Buyer.
Delivery of Due Diligence Materials. Upon the date of execution and delivery of this Agreement, Company and Shareholders shall make available to Buyer at Company's corporate offices all of the items listed on Exhibit B ("Due Diligence Materials"). During the "Due Diligence Period"( as hereinafter defined) and thereafter through and including Closing, Shareholders shall cause Company to provide to Buyer, its counsel, accountants and other representatives (i) full access to all of the Due Diligence Materials, Properties, books, records, contracts and documents of Company for the purpose of such inspection, investigation and testing as Buyer deems appropriate (and Company shall furnish or cause to be furnished to Buyer and its representatives all information with respect to the Business and affairs of Company as Buyer may reasonably request); (ii) access to all employees, agents and representatives for the purposes of such meetings and communications as Buyer reasonably desires; and (iii) access to all vendors, customers and others having business dealings with Company; Buyer agreeing that such access and Due Diligence Materials are proprietary information of Company and must not be disclosed by Buyer unless and until the transaction contemplated by this Agreement is closed. In the interim, Buyer will use its best efforts to keep strictly confidential the nature and progress of negotiations and discussions between the parties. Buyer shall complete its due diligence investigation of the Exhibit B items within thirty (30) days following the date hereof ("Due Diligence Period").
Delivery of Due Diligence Materials. In the event of the termination of this Contract, for any reason, Purchaser agrees to deliver to Seller, within thirty (30) days following the termination of this Agreement, copies of all third party due diligence materials which Purchaser has obtained in connection with its investigations of the Property; provided, however, that (i) the delivery of such due diligence materials shall be conditioned upon the preparers of such due diligence materials consenting to such delivery, (ii) such delivery shall be without representation, warranty or liability to Purchaser, and at no expense to Purchaser, and (iii) in no event shall the delivery of such due diligence materials be a condition to the return of the Xxxxxxx Money to Purchaser, should Purchaser be entitled to the return of the Xxxxxxx Money under the terms of this Agreement in connection with such termination. [Signature page to follow] Executed to be effective as of the Effective Date. SELLER: Xxxxxx Stor-It, LLC, a Virginia limited liability company, By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Managing Member Date: September 10, 2008 PURCHASER:
Delivery of Due Diligence Materials. Within five (5) days of the Effective Date, Seller shall deliver to Buyer copies of (unless otherwise already provided to Buyer) all documents, reports, agreements, or other items in its possession or control relating to the Property, including, without limitation, the following (collectively, the “Due Diligence Materials”): (i) all licenses, leases, and permits affecting or relating to the ownership, subdivision, possession or development of the Property or the construction of improvements thereon, and all amendments and modifications thereto; (ii) applications and correspondence or other written communications to or from any governmental entity, department or agency other than District regarding any permit, approval, consent or authorization with respect to the development of the Property or the construction of improvements thereon; (iii) the most recent survey, if any, pertaining to the Property or any portion thereof; and (iv) soils reports, engineering data, environmental reports, and other data or studies pertaining to the Property or any portion thereof.
