11/12/13 - Laserfiche WebLink

Home

4. Exhibit C, Exhibit C-1 and Exhibit C-2 attached to the Contract are deleted in their entirety and the Exhibit C attached to this Amendment is substituted in their place. 5. The second paragraph of Article 5 of Seller's Work Rider is deleted in its entirety and the following substituted in its place: "5a. Notwithstanding anything to the contrary, at closing, the escrow agent is authorized to record and deliver Seller's deed and shall withhold from the funds due Seller the amount of $45,000.00. If Purchaser determines in its sole discretion that contaminated soils or other soils unsuitable for Purchaser's use are found on the Premises, then upon notice from Purchaser to the escrow agent, the escrow agent shall within 5 days of receipt of such notice and a copy of an invoice setting forth the amount due for the work to correct such soils, disburse that amount, not to exceed $45,000.00, to Purchaser. Any portion of the $45,000.00 that is not disbursed to Purchaser on or prior to Purchaser opening for business in the Premises shall be returned to Seller within 30 days after Purchaser opens for business. Seller will not be responsible for any costs for such work that exceed $45,000.00. This provision survives closing and will not merge with the deed. 5b. Notwithstanding anything to the contrary, at closing, the escrow agent is authorized to record and deliver Seller's deed and shall withhold from the funds due Seller the amount of $ . If Purchaser determines in its sole discretion that Seller's work on the signs set forth in Article 6Al2, and/or Seller's Work of striping driveways and/or parking lots set forth in Article 2D of Seller's Work Rider, and/or any other items of Seller's Work have not been completed, then upon notice from Purchaser to the escrow agent, the escrow agent shall within 5 days of receipt of such notice and a copy of an invoice setting forth the amount due for the such work, disburse that amount, not to exceed $ to Purchaser. Any portion of the $ that is not disbursed to Purchaser on or prior to Purchaser opening for business in the Premises shall be returned to Seller within 30 days after Purchaser opens for business. Seller will not be responsible for any costs for such work that exceed $ . This provision survives closing and will not merge with the deed." 6. The parties acknowledge that the Seller's Work set forth on Exhibit E attached to the Contract has been completed. 7 Except as modified by this Amendment, the Contract is ratified and confirmed by the parties. 8. This Amendment may be signed in one or more counterparts, all of which taken together shall constitute one and the same document. Document #: 1258288-v1