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<br />F. Prepare for approval by AGENCY and SELLER closing statements for each party <br />respectively, setting forth all charges, credits, and prorations to be made in Escrow as set forth in <br />this Agreement ("Closing Statements"), and a Preliminary Change of Ownership Report. <br /> <br />4.7 Possession. SELLER shall deliver possession of the Property to AGENCY at the Close <br />of Escrow. <br /> <br />5. INVESTIGATION OF THE PROPERTY <br /> <br />5.1 Review Period. Subject to the terms and conditions this Section 5, during the Review <br />Period, AGENCY shall have the right to review, investigate and approve in its complete <br />discretion, the following matters: <br /> <br />A. the condition of title to the Property, as set forth in Section 6.2 below; <br />B. the physical condition of the Property, including without limitation any soil, structural, <br />geological, and engineering data pertaining thereto; <br />C. the environmental status and condition of the Property including, without limitation, the <br />existence, extent, and level of any Hazardous Materials (as defined in Exhibit D) in, on, under or <br />about the Property; <br />D. any Leases, service contracts and other agreements relating to the Property; <br />E. the physical condition of any improvements or structures on the Property; <br />F. the financial and legal condition of the Property including, without limitation, liens or <br />encumbrances on the Property, the feasibility, convertibility, desirability and suitability of the <br />Property for AGENCY's intended use and purposes, legal or administrative proceedings <br />affecting the Property, the zoning and land use restrictions affecting the Property, the dimensions <br />of the Property; <br />G. the Seller's Documents; <br />H. Building maintenance records. <br />The matters listed in items (A) through (H), are herein collectively called the "Condition ofthe <br />Property." <br /> <br />In conducting any inspections, investigations or tests of the Property and of documents provided <br />by SELLER in accordance with this Article 5, AGENCY and Agency's Representatives shall: (i) <br />not disturb any Residents or interfere with their use of the Property; (ii) not interfere with the <br />operation and maintenance of the Property; (iii) not perform any invasive or destructive testing <br />or sampling and not otherwise damage any part of the Property or any personal property owned <br />or held by any Resident or any third party; (iv) not injure SELLER or SELLER's partners, <br />employees, contractors and agents (collectively, "Seller's Agents") or any Resident; (v) comply <br />with all applicable laws; and (vi) not reveal or disclose prior to Closing any information obtained <br />by AGENCY prior to Closing concerning the Property or documents related thereto in <br />accordance with the requirements of Section 16.20 below. <br /> <br />5.2 Personal Property List. Additionally, no later than five (5) business days after the <br />Effective Date, SELLER shall transmit to AGENCY a list of its personal property currently <br />stored or located on the Property, which list shall hereinafter be referred to as the "Personal <br />Property List". The Personal Property List shall identify which personal property SELLER <br /> <br />6 <br />