MATERIALS.
3.5.1
WITHIN 3 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 OF A MATERIAL 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 3 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.
3.5.2
IN PROVIDING THE MATERIALS TO PURCHASER, OTHER THAN SELLER'S
REPRESENTATIONS, 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 SELLER (OR THE DESTRUCTION THEREOF SHALL BE CERTIFIED
IN WRITING BY PURCHASER TO SELLER) 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 SELLER PURSUANT TO THIS CONTRACT MAY
NOT BE COMPLETE OR CONSTITUTE ALL OF SUCH DOCUMENTS WHICH ARE IN SELLER'S
POSSESSION OR CONTROL, BUT ARE THOSE THAT ARE READILY AND REASONABLY AVAILABLE
TO SELLER, 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 SELLER'S
REPRESENTATIONS) WITH RESPECT TO ALL MATTERS WHICH IT DEEMS RELEVANT TO ITS
DECISION TO ACQUIRE, OWN AND OPERATE THE PROPERTY.
3.5.3
IN ADDITION TO THE ITEMS SET FORTH ON SCHEDULE 3.5, NO LATER THAN 3
BUSINESS DAYS AFTER THE EFFECTIVE DATE, 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 LISTING THE MOVE-IN DATE, MONTHLY BASE RENT
PAYABLE, LEASE EXPIRATION DATE AND UNAPPLIED SECURITY DEPOSIT FOR EACH LEASE
(THE "RENT ROLL").
SELLER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE
RENT ROLL OTHER THAN THE EXPRESS REPRESENTATION SET FORTH IN SECTION 6.1.6.
3.5.4
IN ADDITION TO THE ITEMS SET FORTH