Common use of Due Diligence Documents Clause in Contracts

Due Diligence Documents. Seller shall, prior to the beginning of the Feasibility Period or as soon as commercially practicable after the Effective Date, provide to Purchaser the following: (a) Any and all environmental reports, site assessments or governmental notices relating to the environmental condition of the Property which are in the possession of Seller (collectively, the "Environmental Report"); (b) Any and all surveys pertaining to the Property including boundary topographic and tree surveys; (c) Copies of any and all correspondence or notices regarding the Property's compliance or failure to comply with any governmental ordinance, code or regulation pertaining thereto; (d) A copy of any and all permits, licenses and similar documents relating to the Property; (e) Current agreement(s) with owner/partner(s) and preliminary title reports; (f) Current property tax bills; (g) Subdivision maps, with conditions; (h) All current covenants, conditions and restrictions relating to the Property including public subdivision; (i) Any soil, biological, geological and engineering reports; (j) EIR, specific plan(s) and conditions of approval; (k) Governmental zoning letter, will serve letters and development agreements; (l) Plans/costs regarding grading, improvements, landscape and building architecture; (m) Any other obligations of the ultimate lot buyers, including fees, design guidelines, bonds, or dues, plus limitations for the Purchaser; (n) Any agreements between the Seller and the community residents that obligate the Purchaser to perform in any way for such residents, the local authority, and/or Homeowner's Associations; (o) All disclosures regarding any significant impact on the Property (i.e., faults, flood zones, moratoria, etc.). The foregoing information shall hereinafter be referred to as the "Due Diligence Information"; however; the enumeration of the Due Diligence Information above shall not be construed to limit the information that Purchaser may require to conduct its evaluation of the Property. If, after reviewing the Due Diligence Information, Purchaser deems it necessary to receive additional information from Seller, then all such additional information shall also be referred to as the "Due Diligence Information."

Due Diligence Documents. 12.1 Seller shallwill, prior to the beginning within 30 days of the Feasibility Period or as soon as commercially practicable after the Effective Date, provide make available for Buyer’s review during the Review Period, and any Extended Review Period, at a location to Purchaser be determined by Seller, at Seller’s sole cost and expense, all of the following: following items, if applicable and if the same are in Seller’s immediate possession and control (collectively, “Due Diligence Documents”): (a) Any copies of any agreements, leases, contracts, warranties and all commitments affecting the Property, its ownership, management or operations, which could not or would not be cancelled by Seller prior to Closing; (b) copies of any plans, specifications, engineering plans and studies, architectural drawings, physical condition, or environmental reports, site assessments or governmental notices relating to floor plans and other plans for the environmental condition of the Property which are in the possession of Seller (collectively, the "Environmental Report"); (b) Any Property; and all surveys pertaining to the Property including boundary topographic and tree surveys; (c) Copies copies of any certificates of occupancy and all correspondence or notices regarding other licenses and permits for the Property required by law and issued by any governmental authorities having jurisdiction over the Property's compliance . 12.2 Buyer acknowledges and agrees that: (a) Seller has made no and makes no warranty, representation or failure to comply with any governmental ordinanceaffirmation whatsoever concerning the accuracy, code truthfulness or regulation pertaining thereto; (d) A copy completeness of any and all permits, licenses and similar documents relating to the Property; (e) Current agreement(s) with owner/partner(s) and preliminary title reports; (f) Current property tax bills; (g) Subdivision maps, with conditions; (h) All current covenants, conditions and restrictions relating to the Property including public subdivision; (i) Any soil, biological, geological and engineering reports; (j) EIR, specific plan(s) and conditions of approval; (k) Governmental zoning letter, will serve letters and development agreements; (l) Plans/costs regarding grading, improvements, landscape and building architecture; (m) Any other obligations of the ultimate lot buyers, including fees, design guidelines, bonds, or dues, plus limitations for the Purchaser; (n) Any agreements between the Seller and the community residents that obligate the Purchaser to perform in any way for such residents, the local authority, and/or Homeowner's Associations; (o) All disclosures regarding any significant impact on the Property (i.e., faults, flood zones, moratoria, etc.). The foregoing information shall hereinafter be referred to as the "Due Diligence Information"; however; the enumeration of the Due Diligence Information above shall not be construed to limit Documents or any of the information that Purchaser may require to conduct its evaluation of the Property. If, after reviewing contained in the Due Diligence Information, Purchaser deems it necessary to receive additional information from Seller, then all such additional information shall also be referred to as Documents; (b) Buyer relies on the "Due Diligence InformationDocuments and any information contained in the Due Diligence Documents at its own risk; and (c) Buyer will keep the Due Diligence Documents confidential pursuant to Section 31. In the event this Contract terminates or the parties fail to Close, Buyer will promptly return all Due Diligence Documents to Seller. In the event the parties Close, the Due Diligence Documents will become the property of Buyer."