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taxes, insurance and other operating expenses (if any), whether such lease or sublease is oral or
<br /> written, the amount of rent paid and required to be paid by the tenant, subtenant or other
<br /> occupant, the nature and amount of all deposits, the nature of such occupant's use, a description
<br /> of the premises or space that is leased or occupied by such person or entity, the term for which
<br /> the premises or applicable space is rented, and the name, address, telephone number and email
<br /> address (if any) of each such occupant or its representative (collectively, the "Rent Roll"), (viii)
<br /> a written inventory of the Personal Property that is to be transferred to Buyer in connection with
<br /> the sale of the Property; (ix) a listing of all employees, if any, of Seller who perform any work or
<br /> services related to the Property showing job title, hire date, salary or wage rate, and all fringe
<br /> benefits or other compensation received by or due to all such employees; (x) repair and
<br /> maintenance records for the Property, (xi) a list showing all construction defects or deficiencies
<br /> known to Seller and all capitalized expenditures relating to the Property during the last five (5)
<br /> years; (xli) copies of any notices relating to repair or improvement work necessary to comply
<br /> with governmental regulations or insurance requirements; (xiii) copies of all warranties and
<br /> guaranties pertaining to the Property, copies of all (xiv) unrecorded subordination agreements,
<br /> unrecorded non - disturbance agreements, subleases, estoppel certificates, licenses, and other
<br /> agreements affecting the Real Property, (xv) a list of all pending or threatened claims,
<br /> proceedings or legal actions instituted against Seller and/or, to Seller's knowledge, the Property,
<br /> and (xvi) a list, based on Seller's knowledge, and copies of all hazard, rent loss, liability,
<br /> worker's compensation, environmental and other insurance policies and/or insurance certificates
<br /> (including all policies and certificates currently in effect as well as policies and certificates
<br /> previously obtained by Seller or its predecessors with respect to the Property) for insurance
<br /> carried by Seller and the Tenant, and copies of all claims and settlements made within the three
<br /> most recent years of Fifty Thousand Dollars ($50,000.00) or more. Following the delivery of all
<br /> Property Documents to Buyer, Seller shall provide Buyer with written notification that Seller has
<br /> complied with the foregoing. Buyer shall have the opportunity to review and approve all
<br /> Property Documents during the Feasibility Period. If any new Property Documents are first
<br /> obtained by Seller after the Effective Date, Seller immediately shall deliver such new Property
<br /> Documents to Buyer. If Buyer fails to close escrow as and when required by this Agreement, at
<br /> Seller's written request Buyer shall immediately return all Property Documents and copies
<br /> thereof to Seller. Notwithstanding the foregoing, if Seller does not have copies of the Rent Roll
<br /> referred to in clause (vii) above, a list of employees referred to in clause (ix) above, or a list of
<br /> the items referred to in clauses (xi), (xv), or (xvi) above (such items being collectively referred to
<br /> as the "Seller- Prepared Informational Documents "), Seller shall prepare such items based on
<br /> Seller's knowledge and deliver them to Buyer within fifteen (15) days after the Effective Date.
<br /> In addition to the items provided to Buyer described above, Seller shall provide access to
<br /> Buyer to supporting books and records, ledgers, records of income, expense, capital
<br /> expenditures, utility bills, county tax bills, and other supporting documentation for the operation
<br /> of the Property in Seller's possession or reasonably obtainable by Seller at no cost or expense.
<br /> Such access shall be provided to Buyer at the office of Seller's property manager or another
<br /> location in San Mateo County upon twenty -four (24) hours' notice from Buyer to Seller. Seller's
<br /> files pertaining to the Lease will be made available for Buyer's review and inspection at such
<br /> location upon reasonable prior notice. Except as expressly provided in this Agreement, the
<br /> Property Documents are being provided as an accommodation to Seller without warranty,
<br /> express or implied.
<br /> Purchase and Sale Agreement 1548 Maple
<br /> 03.04.2011 v.1
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