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49461726v5 <br /> <br />4 <br />222417v6 <br /> <br /> <br />EXHIBIT B <br />Due Diligence Documents <br />(1) Tests and Reports. All results of soil, water, oil, gas, mineral or other environmental tests, <br />Phase I Environmental Site Assessments or so-called Phase II reports, if any, which relate to the <br />Property. Additionally, all records in Seller’s possession or control relating to the use of <br />Hazardous Substances or spills or other discharges thereof upon the Property. <br />(2) Plans. All plats or other depictions relating to the Property and Improvements and copies <br />of all wetland analyses, planning studies, aerial photographs, topographical maps or studies, <br />engineering studies and plans and mylars that are in Seller’s possession or control. <br />(3) Governmental Materials. All Permits and all other governmental notices and <br />correspondence, special or conditional use permits, certificates of occupancy, variances and other <br />agreements with any governmental agency, relating to the Property, including, but not limited to <br />availability of utilities at the Property. <br />(4) Litigation. Any pleadings, documentation, or correspondence pertaining to threatened or <br />pending litigation related to the Property. <br />(5) Title. All title insurance policies, commitments, title exception documents and surveys. <br />(106 Contracts. All contracts that benefit or burden the Property where the term extends beyond <br />the anticipated Closing Date. <br />