Common use of Existing Documentation Clause in Contracts

Existing Documentation. Within five (5) business days after the Effective Date, Seller shall deliver to Buyer all of the following documentation related to the Shopping Center or the Property in Seller's possession, if any: (I) copies of all existing surveys, title policies, documents, or instruments of record and any other title related materials; (ii) plans and specifications for the existing improvements (as-builts, if available); (iii) the most recent real estate tax bills and assessment notices; (iv) all feasibility studies, soil reports, environmental audits and any other appraisals, inspections, tests, reports, studies or information; (v) as-built drawings of underground utilities located on the Property; (vi) copies of all leases, tenancies and rental agreements with respect to the Property (including without limitation, the Lease (as hereinafter defined)), and all written modifications, extension, amendments and guaranties thereof; (vii) copies of all written (or written descriptions of any oral) contracts related to the Property pursuant to which goods, services and supplies are furnished, or persons are employed on a continuing basis, for the operation of the Property including, without limitation, equipment leases and guaranties or warranties in effect with respect to the Property or any portion thereof. [changed to conform to the facts /s/ec /s/rpj](viii) List of itme to be removed by seller Buyer acknowledges that the Existing Documentation will serve to benefit Buyer in connection with its due diligence investigations of the Property. However, if Seller does not have any of the foregoing materials in its possession, it shall so notify Buyer in the correspondence transmitting the materials that it does have in its possession, if any, and Seller shall thereafter be released from any other delivery obligation hereunder with respect to such materials and shall in no event be deemed in default hereunder the failure to produce such materials.

Appears in 2 contracts

Sources: Purchase Agreement (Aei Real Estate Fund Xv LTD Partnership), Purchase Agreement (Aei Real Estate Fund Xvi LTD Partnership)

Existing Documentation. Within five (5) business days after the Effective Date, Seller shall deliver to Buyer all of the following documentation related to the Shopping Center or the Property in Seller's possession, if any: (Ii) copies of all existing surveys, title policies, documents, policies documents or instruments of record and any other title related materials; (ii) plans and specifications for the existing improvements (as-builts, if available); (iii) the most recent real estate tax bills and assessment notices; (iv) all feasibility studies, soil reports, environmental audits and any other appraisals, inspections, tests, reports, studies or information; (v) as-built asbuilt drawings of underground utilities located on the Property; (vi) copies of all leases, tenancies and rental agreements with respect to the Property (including including, without limitation, the Lease (as hereinafter defined)), and all written modifications, extensionextensions, amendments and guaranties thereof; (vii) copies of all permits, licenses and approvals issued by any governmental authority related to the ownership or operation of the Property; and (vii) copies of all written (or written descriptions of any oral) contracts related to the Property pursuant to which goods, services and supplies are furnished, or persons are employed on a continuing basis, for the operation of the Property including, without limitation, equipment leases and guaranties or warranties in effect with respect to the Property or any portion thereof. [changed to conform to the facts /s/ec /s/rpj](viii) List of itme to be removed by seller Buyer acknowledges that the Existing Documentation will serve to benefit Buyer in connection with its due diligence investigations of the Property. However, if Seller does not have any of the foregoing materials in its possession, it shall so notify Buyer in the correspondence transmitting the materials that it does have in its possession, if any, and Seller shall thereafter be released from any other delivery obligation hereunder with respect to such materials and shall in no event be deemed in default hereunder for the failure to produce such materials.

Appears in 1 contract

Sources: Purchase Agreement (Aei Real Estate Fund Xvi LTD Partnership)