Property Materials Sample Clauses

Property Materials. 3.5.1 Within ten (10) days after the Effective Date, and to the extent the same exist and are in a Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by a Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 4 (together with any other documents or information provided by Sellers or their agents to Purchaser with respect to the Property, the “Materials”) relating to its Property available at its Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at a Seller’s option and within the foregoing time period, such Seller may deliver some or all of its Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by a Seller under this Contract shall be deemed delivered to the extent available to Purchaser on such secured web site). To the extent that Purchaser determines that any of the Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Sellers’ Representative and Sellers’ Representative shall use commercially reasonable efforts to deliver the same to Purchaser within five (5) Business Days after such notification is received by such Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s sole remedy will be to terminate this Contract pursuant to Section 3.2. 3.5.2 In providing the Materials to Purchaser, other than Seller’s Representations, each Seller makes no representation or warranty, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only and, together with all Third-Party Reports, shall be returned by Purchaser to all applicable Sellers or the destruction thereof shall be certified in writing by Purchaser to Sellers’ Representative as a condition to return of the Deposit to Purchaser if this Contract is terminated for any reason. Recognizing that the Materials delivered or made available by Sellers pursuant to this Contract may not be complete or constitute all of such documents which are in a Seller’s possession or control, but are those that are readily and reasonably available to such Seller, Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials...

Property Materials. 3.5.1. Within 5 Business Days after the Effective Date, and to the extent the same have not already been provided by Seller to Purchaser, Seller agrees to deliver to Purchaser, or at Seller's option make available at the Property, copies of such documents and information (including any Utility Contracts) concerning the Property that are in Seller's possession or reasonable control, other than such documents and information that Seller deems to be confidential or proprietary (collectively, the "Materials"). 3.5.2. Except as expressly set forth in Seller's Representations, Seller makes no representations or warranties, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only, and Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials, and will instead in all instances rely exclusively on its own Inspections and Consultants with respect to all matters which it deems relevant to its decision to acquire, own and operate the Property. All Materials and Third-Party Reports shall be returned to Seller or destroyed by Purchaser if this Contract is terminated for any reason. 3.5.3. Not later than 5 Business Days after the Effective Date, and to the extent the same has not already been provided by Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll for the Property, which is the rent roll Seller uses in the ordinary course of operating the Property (the "Rent Roll"). Seller makes no representations or warranties regarding the Rent Roll other than the express representation set forth in Section 6.1.5. 3.5.4. Not later than 5 Business Days after the Effective Date, and to the extent the same has not already been provided by Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) a list of all current Property Contracts (the "Property Contracts List") and true and correct copies of all Property Contracts (to the extent in Seller’s possession or control). Seller makes no representations or warranties regarding the Property Contracts List other than the express representations set forth in Section 6.1.6.

Property Materials. If following an Event of Default after the Effective Date a sheriff’s, clerk’s or trustee’s deed for the Property is issued to Lender or its designee pursuant to a judicial or trustee’s sale, or if Lender or its designee acquires the Property by Deed in Lieu of Foreclosure or otherwise, promptly upon request by such acquiring party, Borrower and, as applicable, Maryland Loan Guarantor shall deliver and/or pay to Lender or its designee the following (to the extent in its possession) as to all or any portion of the Property acquired by Lender or its designee: (i) possession of the Property, (ii) the originals (or true and correct copies, if the originals are not available) of all guaranties and warranties given with respect to all or any portion of the Property or any improvement located thereon which Borrower and, as applicable, Maryland Loan Guarantor has in its possession, (iii) the originals (or true and correct copies, if the originals are not available) of all service contracts and management agreements then in effect with respect to the Property, (iv) the originals (or true and correct copies, if the originals are not available) of all plans, specifications, working drawings and surveys of or relating to the Property or to the construction of the buildings and related improvements located thereon, (v) the originals (or true and correct copies, if the originals are not available) of all governmental consents, approvals, licenses, permits, certificates of occupancy, zoning approvals, building permits and similar documents relating to the Property, (vi) copies of all books and records in any way relating to the Property, (vii) the balance of any funds in any security deposit accounts and any and all other tenant security deposits, and any and all advance rentals or similar fees, if any, (viii) the originals (or true and correct copies, if the originals are not available) of all termite or other inspection reports, bonds, warranties and guaranties relating to the Property, (ix) any and all income from the Property received by or on behalf of Borrower and, as applicable, Maryland Loan Guarantor and then being held by or on behalf of Borrower and, as applicable, Maryland Loan Guarantor; (x) true and correct copies of all certificates, binders and policies of insurance relating to the Property, (xi) the originals (or true and correct copies, if the originals are not available) of all contracts and agreements with contractors, architects, engineers, surveyors...

Property Materials. 4.1.1.1 Within five (5) Business Days after the Escrow Date (the “Document Delivery Date”), Seller shall, at Seller’s sole cost and expense, provide to Buyer and Buyer’s counsel true, correct, and complete copies (digitally if available), or access to a digital web-site established by Seller in which are located true, correct, and complete copies, of all of the following documents to the extent within Seller’s possession or control (collectively, the “Property Materials”): (a) Any title insurance policy or similar instrument obtained by Seller with respect to any of the Real Property; (b) Any surveys of all or any portion of the Real Property; (c) Any existing environmental reports concerning any of the Real Property; (d) All leases, occupancy agreements, operating agreements, and licenses that affect any of the Real Property; (e) All archaeological, biological (including, without limitation, threatened / endangered species), soil, geological, grading, drainage, and hydrology reports, surveys, or assessments and any other engineering reports for any of the Real Property; and (f) Any unrecorded contracts and agreements of any kind pertaining to the Property that will be applicable from and after Closing. Upon written request by ▇▇▇▇▇, Seller shall also promptly provide Buyer with contact information in Seller’s possession for all engineers, architects, consultants, contractors, subcontractors, and other third parties engaged by Seller to prepare the Property Materials and/or in connection with the environmental condition of the Real Property (each of whom Buyer shall be authorized to contact, discuss the Real Property and/or its entitlements and/or development with, and, if desired by ▇▇▇▇▇, retain at Buyer’s expense). 4.1.1.2 To the extent any of the items described in Section 4.1.1.1 were obtained by Seller from third-party consultants paid by ▇▇▇▇▇▇ and/or with whom Seller contracted and such items are not otherwise addressed to Buyer, Seller shall cooperate, at no out-of-pocket cost to Seller, with any request by Buyer to cause each such preparer of such items to provide Buyer with a reliance letter reasonably acceptable to Buyer confirming Buyer’s right to rely upon and use such items; provided, however, that issuance of any such reliance letter shall not be a condition to Buyer’s obligations under this Agreement. 4.1.1.3 Seller shall promptly furnish to Buyer for its review any of the items described in Section 4.1.1.1 that may come into Seller’s poss...

Property Materials. Seller shall deliver: i. originals or true, correct, and complete copies, if originals are not in Seller’s possession or control or otherwise available to Seller, of the Service Contracts, Intangible Property and to the extent in Seller’s possession, copies of any plans of the Property (including any “as built” Plans), and any Permits; ii. keys to all locks on the Real Property in Seller’s or Seller’s building manager’s possession or control (provided that such keys need not be delivered to the Title Company, but rather shall be available to Buyer at the Property); iii. all maintenance records and operating manuals pertaining to the Real Property in Seller’s possession or control; and iv. a letter to each of the service providers under the Service Contracts, informing such service providers of the assignment of such Service Contracts to Buyer (which letter shall be in form and substance satisfactory to Buyer in the exercise of Buyer’s reasonable judgment).

Property Materials. To Optionor's knowledge, there are no defects, deficiencies, or inaccuracies in any of the information furnished by Optionor to Optionee with respect to the Option Property and the Projects, and all information furnished by Optionor to Optionee with respect to the Option Property and the Projects is true, accurate, and complete.

Property Materials. Within ten (10) days after the Effective Date, and to the extent the same exist and are in Seller’s possession or control, Seller shall deliver to Purchaser (which delivery may be made electronically or through a web based share site) the documents set forth on Schedule 3.04 attached hereto (together with any other documents or information provided by Seller or its agents to Purchaser with respect to the Property (the “Materials”).

Property Materials. Not later than three (3) days following the Effective Date, SELLER shall deliver to BUYER the following documents relating to the Property to the extent in the possession or control of SELLER (collectively, the “Property Materials”): (i) all soils, groundwater, environmental, property inspection and other reports and test results relating to the physical condition of the Property, including without limitation engineers’ and consultants’ plans, reports, and studies relating to the physical condition of the Property; (ii) all notices of violations of laws, if any, from any governmental or quasi-governmental authorities related to the Property; and (iii) other correspondence and notices from any governmental or quasi- governmental authorities related to the Property.

Property Materials. 3.5.1 Within 2 Business Days after the Effective Date, and to the extent the same have not already been provided by Seller to Purchaser, Seller agrees to use reasonable efforts to deliver to Purchaser, or at Seller’s option make available at the Property for Purchaser’s review and photocopying at Purchaser’s expense, copies of such documents and information concerning the Property that are in Seller’s possession or reasonable control, other than such documents and information that Seller reasonably deems to be confidential or otherwise of the nature that AIMCO typically does not provide to buyers of its properties (provided, that in connection with withholding any such information, Seller will not knowingly withhold from Purchaser material information concerning the physical condition of the Property or the status of Seller’s obligations under any Lease, Property Contract or Assumed Loan Document or the financial statements used by Seller in the day to day management and operation of the Property) (collectively, the “Materials”). 3.5.2 Except as expressly set forth in Seller’s Representations, Seller makes no representations or warranties, express, written, oral, statutory, or implied, and all such representations and warranties are hereby expressly excluded and disclaimed. All Materials are provided for informational purposes only, and Purchaser shall not in any way be entitled to rely upon the completeness or accuracy of the Materials, and will instead in all instances rely exclusively on its own Inspections and Consultants and the Seller’s Representations with respect to all matters which it deems relevant to its decision to acquire, own and operate the Property. All Materials and Third-Party Reports shall be returned to Seller or destroyed by Purchaser if this Contract is terminated for any reason. 3.5.3 Not later than 2 Business Days after the Effective Date, and to the extent the same has not already been provided by Seller to Purchaser, Seller shall deliver to Purchaser (or otherwise make available to Purchaser as provided under Section 3.5.1) the most recent rent roll for the Property, which is the rent roll Seller uses in the ordinary course of operating the Property (the “Rent Roll”). Seller makes no representations or warranties regarding the Rent Roll other than the express representation set forth in Section 6.1.5. Seller shall deliver to Purchaser on a monthly basis an updated Rent Roll. 3.5.4 Not later than 2 Business Days after the Effectiv...