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agreements affecting the Premises that will survive closing. Seller agrees not to <br />enter into any new, or modify any existing, written or oral service contracts, <br />leases, licenses or other recorded or unrecorded agreements affecting the <br />Premises hereafter without Buyer's prior written consent which may be withheld <br />in Buyer's reasonable discretion. <br />The representations and warranties set forth in this Section 4 shall be continuing and shall be <br />true and correct on and as of the closing date with the same force and effect as if made at that <br />time and all such representations, warranties and covenants shall survive closing for a period <br />of six (6) months and shall not be affected by any investigation, verification or approval by <br />any party hereto or by anyone on behalf of any party hereto and shall not merge into Seller's <br />deed being delivered at closing. Seller agrees to indemnify and hold Buyer harmless from <br />and against and to reimburse Buyer with respect to any and all claims, demands, causes of <br />action, loss, damage, liabilities, and costs (including attorney's fees and court costs) asserted <br />against or incurred by Buyer by reason of or arising out of the breach of any representation, <br />warranty or covenant as set forth in this Section 4 for a period of six (6) months after closing. <br />5. BUYER'S CONTINGENCIES. Unless waived by Buyer in writing, Buyers <br />obligation to purchase the Premises shall be subject to Buyer being able to satisfy the <br />following contingencies on or before closing. The sufficiency of the contingencies will be <br />determined by Buyer, in Buyer's sole discretion. If any of these conditions is not satisfied <br />by the date herein, Buyer, has the option to terminate this Agreement by giving written <br />notice of termination to Seller by 5:00 p.m. on the date thereof, time being of the essence, <br />in which case Buyer and Seller must sign a Cancellation of Purchase Agreement and all <br />earnest money will be returned to the Buyer within five (5) business days. Buyer may <br />waive any condition in Buyer's sole and absolute discretion. The failure of Buyer to <br />terminate the Agreement by the date provided in each of the following contingencies shall <br />be a waiver of the condition: <br />A. The ability of Seller to convey marketable fee title to the Premises, free and clear <br />of any and all liens. <br />B. Buyer to obtain suitable financing in a form and amount acceptable to Buyer in <br />it's sole discretion by September 17th, 2015. <br />C. Buyer to receive site plan and plat approval for the construction of a building of <br />Buyer's design on the property by _September 17th , 2015. <br />D. Buyer shall review the ALTA survey required from Seller by June 30th, 2015 <br />or within 30 days from the time of actual receipt of the Survey from Seller. <br />6. PERMITTED ACCESS AND INSPECTION. Buyer's performance of this <br />Agreement is expressly conditioned upon Buyer's inspection and approval of the Premises, <br />which inspection shall be made within 30 days after the "Effective" Date. During the term <br />of such inspection, Buyer and its authorized representatives shall be permitted access to <br />the Premises at reasonable times for the purposes of architectural inspection and design <br />studies, and such soil borings and environmental assessment as are deemed necessary by <br />Buyer. Buyer agrees to indemnify and defend Seller from, and to hold Seller harmless <br />against any and all claims, causes of action or expenses, including attorney' s fee, relating <br />to or arising from Buyer' s presence on the Premises prior to the Closing Date. Buyer agrees <br />to repair any damage to the Premises caused by such inspections and to return the Premises <br />Page 4 of 16 <br />