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warrants to Buyer that Seller has provided all Documents and Materials in Seler'S possession or control, that Seller has provided a list and location of any Documents and Materials known by Seller but not provided to Buyer and that Seller has no actual knowledge that the Documents and Materials are materially false and misleading: (a) Licenses. Any and all licenses, permits and agreements affecting or relating to the ownership,subdivision,possession or development of the Property. (b) Governmental Correspondence. Copies of all applications and correspondence or other written communications to or from any governmental or quasi-governmental entity,department or agency,or utility service provider regarding any permit,approval,consent or authorization with respect to the development of the Property. (c) Surveys Copies of the most recent survey(s),if any,pertaining to the Property or any portion thereof. (d) Maps. Any and all tentative, parcel and/or final maps, which includes development plans, site plans, specifications or any other governmental approvals or processed documents relating to the subdivision or development of the Property. (e) Plans. Any subdivision improvement plans, grading plans, and engineering documents relating to the Property. (f) Reports. Any and all reports,projections, studies or other documents or written information pertaining to the Property,which includes,but is not limited to,environmental impact reports affecting the Property. (g) Tax Statements. Any and all property tax statements pertaining to the Property for the past three(3)years. (h) Studies. Any.and all soils reports, engineering data, environmental reports and any other data or studies pertaining to the Property or any portion thereof. (i) Litigation Materials. All materials related to pending or threatened litigation,or litigation that was pending or threatened during the period of Seller's ownership of the Property,involving the Property or the Seller on account of its ownership of the Property, including correspondence, complaints, court orders, settlements,and judgments. Litigation materials referenced herein shall include any materials related to actual or threatened condemnation proceedings as to all or a portion of the Property. 0) Leases. Copies of all leases (and any modifications or amendments to them) with all tenants of the Property,and any correspondence related to the leases. 13. Seller's Representations and Warranties. In consideration of Buyer entering into this Agreement, SeIler makes the representations and warranties set forth in this Section. Seller acknowledges that such representations and warranties are material and are being relied upon by Buyer in determining whether to acquire the Property (the continued truth and accuracy of which shall constitute a condition precedent to Buyer's obligations hereunder). To the extent that Seller becomes aware of any conflict with the representations and warranties set forth herein after the Effective Date and prior to the Close of Escrow, Seller shall provide Buyer with written notice thereof, in which case Buyer, within five (5) calendar days following receipt of such notice, shalt have the right to either (i) terminate this Agreement,in which case the provisions of Sections 6(c)regarding termination and refund of deposits shall apply, or (ii) proceed with the transaction described herein, waiving such inconsistent -6- PSA Stockton-Farnungton Sanchez Final 05.30.07