Common use of Delivery of Materials Clause in Contracts

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, or at Seller's option, destroy all Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, including electronic form; provided, however, that Purchaser shall be permitted to retain one copy thereof for purposes of complying with Purchaser's document retention policies or legal requirements or for litigation purposes. The obligations of Purchaser under this Section 11.4 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.)

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Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, or at Seller's option, destroy Seller all Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, including electronic form; provided, however, that along with any and all tests and studies of the Property performed by or on behalf of Purchaser shall be permitted pursuant to retain one copy thereof for purposes of complying with Purchaser's document retention policies or legal requirements or for litigation purposesthis Article 5. The obligations of Purchaser under this Section 11.4 11.3 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, or at Seller's option, destroy Seller all Property Information provided to Purchaser by Seller, including including, without limitation, copies thereof in any form whatsoever, whatsoever (including electronic form; provided, however, that Purchaser shall be permitted to retain one copy thereof for purposes of complying with Purchaser's document retention policies or legal requirements or for litigation purposes). The obligations of Purchaser under this Section 11.4 10.4 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Assets Trust, Inc.)

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, or at Seller's option, destroy Source all Property Information provided to Purchaser by Source or any Seller, including copies thereof in any form whatsoever, including electronic form; provided, however, that along with any and all tests and studies of the Properties performed by or on behalf of Purchaser shall be permitted pursuant to retain one copy thereof for purposes of complying with Purchaser's document retention policies or legal requirements or for litigation purposesthis Article 6. The obligations of Purchaser under this Section 11.4 12.3 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Source Interlink Companies Inc)

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, or at Seller's option, destroy Seller all Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, including electronic form; provided, howeveralong with any and all tests results and studies of the Property performed by or on behalf of Purchaser pursuant to Article 5, that Purchaser shall be permitted to retain one copy thereof for purposes of complying with Purchaser's document retention policies excluding any confidential or legal requirements proprietary information or for litigation purposesfinancial modeling. The obligations of Purchaser under this Section 11.4 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (CNL Growth Properties, Inc.)

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser Buyer shall promptly deliver to Seller, or at Seller's option, destroy Seller all Property Information provided to Purchaser Buyer by Seller, including copies thereof in any form whatsoever, including electronic form; provided, howeveralong with any and all final third-party tests results and studies of the Property performed on behalf of Buyer pursuant to Section 5, that Purchaser shall be permitted to retain one copy thereof for purposes of complying with Purchaser's document retention policies without representation or legal requirements warranty, excluding any confidential or for litigation purposesproprietary information or financial modeling. The obligations of Purchaser Buyer under this Section 11.4 11.d. shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (United Insurance Holdings Corp.)

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, or at Seller's option, destroy Seller all Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, whatsoever (including electronic form; provided) along with any and all test results and studies of the Property performed by or on behalf of Purchaser pursuant to Article 4 of this Agreement, however, that Purchaser shall be permitted to retain one copy thereof for purposes of complying with Purchaser's document retention policies unless otherwise directed by Seller and excluding any confidential or legal requirements proprietary information or for litigation purposesfinancial modeling or attorney work product. The obligations of Purchaser under this Section 11.4 10.4 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Corporate Property Associates 18 Global Inc)

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, or at Seller's option, destroy Seller all Property Information information and documentation provided to Purchaser by Seller, including without limitation all Proprietary Information and Purchaser Proprietary Information, and copies thereof in any form whatsoever, including electronic form; provided, howeveralong with any and all title reports, that Purchaser shall be permitted to retain one copy thereof for purposes surveys, property reports, tests and studies of complying with the Property performed by or on behalf of Purchaser's document retention policies or legal requirements or for litigation purposes. The obligations of Purchaser under this Section 11.4 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Agreement for Purchase (CubeSmart, L.P.)

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, Seller or at Seller's option, destroy all information related to the Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, whatsoever (including electronic form; provided), however, that except to the extent under applicable law Purchaser shall be permitted is obligated to retain one copy thereof for purposes copies of complying with Purchaser's document retention policies or legal requirements or for litigation purposessuch Property Information. The obligations of Purchaser under this Section 11.4 10.4 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Global Income Trust, Inc.)

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, or at Seller's option, destroy Seller all Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, including electronic form; provided, howeveralong with, that upon Seller’s prior written request, any and all tests results and studies of the Property performed by or on behalf of Purchaser shall be permitted pursuant to retain one copy thereof for purposes of complying with Purchaser's document retention policies Article 5, excluding any confidential or legal requirements proprietary information or for litigation purposesfinancial modeling. The obligations of Purchaser under this Section 11.4 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (CNL Growth Properties, Inc.)

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Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to SellerSeller any and all test results and studies of the Property performed by or on behalf of Purchaser pursuant to Article 4 of this Agreement, excluding any confidential or at Seller's option, destroy all Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, including electronic form; provided, however, that Purchaser shall be permitted to retain one copy thereof for purposes of complying with Purchaser's document retention policies proprietary information or legal requirements financial modeling or for litigation purposesattorney work product. The obligations of Purchaser under this Section 11.4 10.4 shall survive any termination of this Agreement. All the provisions of this Article 10 shall survive Closing or other termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Amazon Com Inc)

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, or at Seller's option, destroy Seller all Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, whatsoever (including electronic form; provided) along with any and all test results and studies of the Property performed by or on behalf of Purchaser pursuant to Article 4 of this Agreement, however, that Purchaser shall be permitted to retain one copy thereof for purposes of complying with Purchaser's document retention policies excluding any confidential or legal requirements proprietary information or for litigation purposesfinancial modeling or attorney work product. The obligations of Purchaser under this Section 11.4 10.4 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Ii Inc)

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, or at Seller's ’s option, destroy all Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, including electronic form; provided, however, that Purchaser shall be permitted to retain one copy thereof for purposes of complying with Purchaser's document retention policies or legal requirements or for litigation purposes. The obligations of Purchaser under this Section 11.4 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Bluerock Multifamily Growth REIT, Inc.)

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, or at Seller's option, destroy Seller all Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, including electronic form; provided, however, that Purchaser shall be permitted to retain one copy thereof for purposes of complying with Purchaser's document retention policies or legal requirements or for litigation purposes. The obligations of Purchaser under this Section 11.4 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Bluerock Residential Growth REIT, Inc.)

Delivery of Materials. Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller, or at Seller's option, destroy Seller all Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, including electronic form; provided, howeveralong with copies of any and all tests results and studies of the Property performed by or on behalf of Purchaser pursuant to Article 5, that Purchaser shall be permitted to retain one copy thereof for purposes of complying with Purchaser's document retention policies excluding any confidential or legal requirements proprietary information or for litigation purposesfinancial modeling. The obligations of Purchaser under this Section 11.4 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Intelsat S.A.)

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