Lululemon 2010 Annual Report Download - page 108

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inspections, tests, studies, surveys and investigations of the Lands and Equipment as the Purchaser may reasonably require on
twenty-four (24) hours’ written notice, provided that the Purchaser’
s access to the Lands for such purposes will be at reasonable
times scheduled by the Vendor at the Purchaser’s request and in accordance with the terms of the Other Leases and, at the
option of the Vendor, subject to the Vendor’
s supervision, will cause no material disruption to any of the Other Tenants or other
occupants of the Lands, will be at the Purchaser’s sole risk and expense and will be subject to the Purchaser, at its cost,
repairing any and all damage caused in connection therewith and indemnifying the Vendor in accordance with section 5.5;
(b) permit the Purchaser to have access during normal business hours to the Vendor’s correspondence files with respect to the
Other Tenants, (and will permit the Purchaser to make such copies thereof, at the Purchaser’s cost, as the Purchaser may
reasonably require), and deliver to the Purchaser at its address herein on or before the date which is three (3) Business Days
after the Effective Date:
(i) original or true and complete copies of the Other Leases and of any current drafts of any anticipated offers to lease any
part of the Lands;
(ii) a true and complete “rent roll” in respect of the Leases, consisting of a list of the Tenants, the monthly rental payable by
each, the date the tenancy commenced, particulars of any arrears of rent owing by or outstanding dispute with any Other
Tenant, particulars of any default under the Other Leases (including material non-financial defaults), particulars of any
modification of any Other Leases, particulars of any prepayments or abatements of rent, particulars of any security or
damage deposits held by or on behalf of the Vendor;
(iii) to the extent they are in the Vendor’s possession or control, true and complete copies of all plans, drawings and
specifications of the Lands (including floor plans, elevation drawings, building cross-sections and site plans), “as built”
or other mechanical, electrical and plumbing drawings, building inspection certificates, licences and permits issued in
connection with or pertaining to the Lands;
(iv) to the extent they are in the Vendor’
s possession or control, true and complete copies of all third party reports (including
engineering, geotechnical and environmental reports), surveys, plans, specifications, drawings and permits concerning
the Lands and the Equipment, and with respect to the physical condition (excluding the environmental condition) of the
Equipment and the improvements located on the Lands, the Vendor will deliver only the report prepared and issued by
RJC Consultants in February 2008 (the “ RJC Report ”), which the Vendor represents and warrants is the most recent
third party report examining the physical condition of the Equipment and the improvements located on the Lands that is
in the Vendor’s possession and control. For greater certainty, the Vendor will not be required to deliver to the Purchaser
any appraisals of the Lands or other like documents that purport to establish the value (whether actual or based on
assumptions) of any component of the Purchased Property, or any third party reports or internal reports examining the
physical condition (excluding the environmental condition) of the Equipment and/or the improvements located on the
Lands other than the RJC Report, but will be required to deliver all other third party reports (including engineering,