Records and Plans shall have the meaning set forth in Section 2.1(g).
Records and Plans means, all financial records showing the income and expenses of the Hotel for the prior three (3) calendar years and for the current year to date, certificates of occupancy, records of the Hotel's operations (including utility bills), building plans, specifications and drawings, lists of Personal Property, surveys, tax bills for the Real Property for the last three (3) years and for the current year to date, copies of the Service Contracts, Licenses and Permits and other documents related to the use, maintenance, repair, management, construction and/or operation of the Hotel, in each case, to the extent located on-site at the Hotel, or to Seller's Knowledge, otherwise under the control of Seller.
Records and Plans means, collectively: (i) all books and records, including but not limited to property operating statements, specifically relating to the Improvements; (ii) all structural reviews, architectural drawings and engineering, soils, seismic, geologic and architectural reports, studies and certificates pertaining to the Real Property or the Improvements; and (iii) all final plans, specifications and drawings of the Improvements or any portion thereof. The terms “Records and Plans” shall not include (1) any document or correspondence which would be subject to the attorney- client privilege; (2) any document or item which Seller is contractually or otherwise bound to keep confidential; (3) any documents pertaining to the marketing of the Property for sale to prospective purchasers; (4) any internal memoranda, reports or assessments of Seller or Seller’s Affiliates relating to Seller’s valuation of the Property; (5) appraisals of the Property whether prepared internally by Seller or Seller’s Affiliates or externally; (6) any documents or items which Seller considers confidential or proprietary; (7) any documents or items which are not in Seller’s possession and control; and (8) any materials projecting or relating to the future performance of the Property.
Examples of Records and Plans in a sentence
Seller will have delivered to Buyer on the Closing Date true and correct copies of the Records and Plans.
The originals, or, if not available, the best available copies of the Records and Plans.
Buyer acknowledges that prior to the Closing Date, Buyer has been provided with such access to the Records and Plans and such other information relating to the Hotel as Buyer has deemed relevant.
ACADEMIC PERFORMANCE AND PROGRESS Student Records and Plans of Study The student academic file is a record of the student’s complete course of study.
In no event shall Buyer be entitled to seek recovery against Seller for an alleged breach of any representation or warranty by Seller if the information, transaction, or occurrence alleged to give rise to such breach was disclosed to, made available to or discovered by Buyer, whether in the course of its review of the Records and Plans or otherwise, prior to the Close of Escrow (the sole adjustment with respect to same being as set forth in SECTION 6.7 below).
More Definitions of Records and Plans
Records and Plans means (a) all books and records maintained in connection with the ownership, development, construction, maintenance or operation of the Real Property or the Hotel business, (b) all preliminary, final and "as built" plans, specifications, manuals, engineering data and reports, and surveys relating to the Real Property, and (c) all structural reviews, renovation plans and specifications, architectural drawings, and engineering, soil, seismic, geologic and architectural reports, studies and certificates and other documents pertaining to the Real Property.
Records and Plans means, collectively: (i) all books and records, including, but not limited to, property operating statements, specifically relating to the Properties and the Purchased Assets; (ii) all structural reviews, architectural drawings and environmental, engineering, soils, seismic, geologic and architectural reports, studies and certificates pertaining to the Real Property or the Improvements; (iii) all preliminary, final and proposed plans, specifications and drawings of the Improvements or the Real Property or the Properties or any portion thereof; and (iv) with respect to the Properties and the Purchased Assets, the accounting, billing and financial records, personnel records, blueprints, specifications, warranties, plats, maps, surveys, building and machinery diagrams, maintenance and production records, environmental records and reports, sales and property Tax records and Tax Returns for the Properties and sales records. The terms "Records and Plans" shall not include (v) any document or correspondence which would be subject to the attorney-client privilege; (w) any document or item which Seller is contractually or otherwise bound to keep confidential; (x) any documents pertaining to the marketing of the Property for sale to prospective purchasers; (y) any internal memoranda, reports or assessments of Seller, Affiliates or the Subsidiaries relating to Seller's valuation of the Properties; and (z) appraisals of the Properties whether prepared internally by Seller or Seller's Affiliates or Subsidiaries or externally.
Records and Plans means (a) all books and records maintained in connection with the ownership, development, construction, maintenance or operation of the Property, (b) all preliminary, final and "as-built" plans and specifications respecting the Real Property, and (c) all structural reviews, architectural drawings, and engineering, soil, seismic, geologic and architectural reports, studies and certificates and other documents pertaining to the Real Property (including those which include comments by any building or safety engineer, inspector or other person who regularly makes such inspections) which are within the possession of, under the control of, or reasonably available to (without cost or expense) Seller.
Records and Plans means, collectively: (i) all books and records (but excluding accounting software), including but not limited to property operating statements, specifically relating to the Improvements; (ii) all structural reviews, architectural drawings and engineering, soils, seismic, geologic and architectural reports, studies and certificates pertaining to the Real Property or the Improvements; and (iii) all final plans, specifications and drawings of the Improvements or any portion thereof. The terms "Records and Plans" shall not include (1) any document or correspondence which would be subject to the attorney- client privilege; (2) any document or item which Seller is contractually or otherwise legally bound to an unrelated third party to keep confidential; (3) any documents pertaining to the marketing of the Property for sale to prospective purchasers; (4) any internal memoranda, reports or assessments of Seller or Seller's Affiliates relating to Seller's valuation of the Property; (5) appraisals of the Property whether prepared internally by Seller or Seller's Affiliates or externally; (6)[omitted]; (7) any documents or items which are not in Seller's possession and control, and (8) any materials projecting or relating to the future performance of the Property.
Records and Plans means all of the following items which are in the possession of or under the control of the Owners: (A) all accounting, tax, financial, and other books and records (including tax returns) maintained in connection with the renovation, construction, use, maintenance, repair, leasing and operation of the Property and the formation, existence and operation of the Owners, (B) all building plans and specifications (including "as-built" drawings) with respect to the improvements and (C) all structural reviews, architectural drawings and engineering, soil, seismic, geologic and architectural reports, studies and certificates and other documents pertaining to the Property. Records and Plans also means such additional books, records, plans, specifications, reports, studies and other documents maintained or prepared after the date of this Agreement. Except as expressly provided herein, no representations are given regarding the accuracy or completeness of the Records and Plans.
Records and Plans means (A) all financial and other books and records maintained in connection with the operation of the Project (excluding the Operating
Records and Plans shall have the meaning set forth in Section 1.1(f) herein.