Common use of Property Materials Clause in Contracts

Property Materials. 3.5.1 Within 5 Business Days after the Effective Date, and to the extent the same exist and are in Seller’s possession or reasonable control (subject to Section 3.5.2), Seller agrees to make the documents set forth on Schedule 3.5 (together with any other documents or information provided by Seller or its agents to Purchaser with respect to the Property, the “ Materials”) available at the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at Seller’s option and within the foregoing time period, Seller may deliver some or all of the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by 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 Seller and Seller shall use commercially reasonable efforts to deliver the same to Purchaser within 5 Business Days after such notification is received by 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.

Property Materials. 3.5.1 Within 5 Business Days after As of the Effective Date, and to the extent the same exist and are in Seller’s possession each Seller has made or reasonable control (subject to Section 3.5.2), Seller agrees to will make the documents set forth on Schedule 3.5 (together with any other documents or information provided by such Seller or its agents to Purchaser with respect to the its Property, the “ “Materials”) available at ), to the Property for review extent the same exist and copying by Purchaser at Purchaser’s sole cost and expense. In are in the alternative, at applicable Seller’s option and within the foregoing time periodpossession or reasonable control (subject to Section 3.5.2), Seller may deliver some or all of the Materials to Purchaser, or make the same available to Purchaser on a secure web site (site. Purchaser agrees that any item to be delivered by any 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 the applicable Seller and such Seller shall use commercially reasonable efforts to deliver the same to Purchaser within 5 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 in its entirety pursuant to Section 3.23.2 with respect to all Properties (but not in part with respect to less than all Properties).

Property Materials. 3.5.1 3.4.1 Within 5 Business Days 10 days after the Effective Date, and to the extent the same exist and are in Seller’s possession or reasonable control (subject to Section 3.5.2), and have not been heretofore provided by Seller to Purchaser, Seller agrees to make the documents set forth on Schedule 3.5 4 (together with any other documents or information provided by Seller or its agents to Purchaser with respect to the Property, the “ Materials”) available at the Property for review and copying by Purchaser at Purchaser’s sole cost and expense. In the alternative, at Seller’s option and within the foregoing time period, Seller may deliver some or all of the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by 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 Seller and Seller shall use commercially reasonable efforts to deliver the same to Purchaser within 5 Business Days after such notification is received by 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.

Property Materials. 3.5.1 Within 5 Business Days after Purchaser acknowledges that prior to the Effective Date, and to the extent the same exist and are in Seller’s, Seller’s agents’ or Seller’s employees’ possession or reasonable control (subject to Section 3.5.2), Purchaser has received from Seller agrees to make the documents set forth on Schedule 3.5 (together with any other documents or information provided by Seller or its agents to Purchaser with respect to the Property, the “ “Materials”) available at ). Seller also agrees to promptly deliver to Purchaser any additional non-proprietary documents, tests, studies, reports and the Property for review and copying like, reasonably requested by Purchaser at Purchaser’s sole cost and expense. In the alternativefrom time to time, at Seller’s option and within the foregoing time period, Seller may deliver some or all of the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by Seller under this Contract shall be deemed delivered to the extent the same exist and are in Seller’s possession or reasonable control or in the possession or reasonable control of any of its agents or employees or readily accessible or available to Purchaser on such secured web site)Seller (subject to Section 3.5.2) and have not been heretofore provided by Seller to Purchaser. To the extent that Purchaser determines that any of the additional requested Materials have not been made available or delivered to Purchaser pursuant to this Section 3.5.1, Purchaser shall notify Seller and Seller shall use commercially reasonable efforts to deliver the same to Purchaser within 5 Business Days after such notification is received by 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.

Property Materials. 3.5.1 Within 5 Business Days after the Effective Date, and to the extent the same exist and are in Seller’s 's possession or reasonable control (subject to Section 3.5.2), Seller agrees to make the documents set forth on Schedule 3.5 (together with any other documents or information provided by Seller or its agents to Purchaser with respect to the Property, the “ " Materials”") available at the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at Seller’s 's option and within the foregoing time period, Seller may deliver some or all of the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by 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 Seller and Seller shall use commercially reasonable efforts to deliver the same to Purchaser within 5 Business Days after such notification is received by Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s 's sole remedy will be to terminate this Contract pursuant to Section 3.2.

Property Materials. 3.5.1 Within 5 2 Business Days after the Effective DateDate to the extent the same have not already been provided to Purchaser, and to the extent the same exist and are in Seller’s 's possession or reasonable control (subject to Section 3.5.2), Seller agrees to make the documents set forth on Schedule 3.5 (together with any other documents or information provided by Seller or its agents to Purchaser with respect to the Property, the “ "Materials”") available at the Property for review and copying by Purchaser at Purchaser’s 's sole cost and expense. In the alternative, at Seller’s 's option and within the foregoing time period, Seller may deliver some or all of the Materials to Purchaser, or make the same available to Purchaser on a secure web site (Purchaser agrees that any item to be delivered by 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 Seller and Seller shall use commercially reasonable efforts to deliver the same to Purchaser within 5 Business Days after such notification is received by Seller; provided, however, that under no circumstances will the Feasibility Period be extended and Purchaser’s 's sole remedy will be to terminate this Contract pursuant to Section 3.2.