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estoppel certificates, licenses, agreements affecting the Real Property, and other information relating to the Real Property, whether in final form or in process, to the extent such documents are in Owner's possession (collectively, the "Property Documents "). Notwithstanding the above, Property Documents shall not include any internal reports or documentation generated for the sole use of the members, shareholders, partners, trustees and other constituents of Owner (other than income and expense reports), letters of interest, purchase agreements, expired leases, appraisals, or entity governing documents. Following the delivery of all Property Documents to Optionee, Owner shall provide Optionee with written notification that all Property Documents have been delivered by Owner. Optionee shall have the opportunity to review and approve all Property Documents during the Feasibility Period. If any new Property Documents are first obtained by Owner after the Execution Date, Owner immediately shall deliver such new Property Documents to Optionee. Optionee shall have the right to use all Property Documents, and the Purchase Price includes payment for all Property Documents. Optionee shall not disclose any information contained in the Property Documents, provided that Optionee shall have the right to disclose such information to the following parties and in the following circumstances: (i) Optionee is required to disclose information in the Property Documents in response to a subpoena or other regulatory, administrative or court order, (ii) independent legal counsel to Optionee delivers a written opinion to Owner that Optionee is required to disclose such information, (iii) to actual or potential assignees of this Agreement, (iv) in response to a request for discovery in any legal or administrative proceeding; (v) in connection with any litigation or other dispute by or among the parties to this Agreement; (vi) to the extent any information contained in the Property Documents is or becomes part of the public domain through no fault of Optionee; (vii) in connection with obtaining, administering, and enforcing rights with respect to insurance (including without limitation underwriting insurance, adjusting claims or otherwise procuring, adjusting, challenging, administering, disputing or litigating any issues concerning insurance); (viii) to Optionee's attorneys, accountants, and consultants, and contractors who are involved in due diligence activities or the consummation of the transactions contemplated by this Agreement; or (ix) to the extent required by applicable law. If Optionee fails to exercise the Option as and when required, or if Optionee exercises the Option but fails to close escrow as and when required by this Agreement, at Owner's written request Optionee shall immediately return all Property Documents and copies thereof to Owner. (c) Owner's Representations and Warranties. Owner's representations and warranties as set forth in Paragraph 12 below shall be true and correct as of, and shall be deemed remade by Owner, as of the Agreement Date, as of the expiration of the Feasibility Period, and as the Closing Date. (d) Owner's Performance. Owner shall have performed, observed and complied with all material covenants, agreements and conditions required by this Agreement to be performed, observed and complied with on Owner's part at or prior to the Closing. (e) Title Policy. Escrow Holder shall be ready willing and able to issue to Optionee the Title Policy at the Closing. (f) Owner's Deliveries. Owner shall deliver into the Escrow the following documents (collectively, the "Closing Documents "): (i) the Grant Deed (in the Escrow Holder's standard form) for recordation and delivery to Optionee at the Closing, (ii) an affidavit as Option Agreement 70 Chemical 10.05.2010 v.5 13