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9. HAZARDOUS WASTE AND TOXIC SUBSTANCES. Seller will provide copies <br />all information to Buyer, within 10 days, of any Phase I and/or Phase II or any other <br />Environmental tests that have been performed on the Premises within the last twenty four <br />(24) months of the Effective Date. <br />The Buyer, at its' own expense, may perform additional environmental testing to confirm <br />that the Premises are free and clear of any hazardous wastes or toxic substances. If such <br />tests determine that said Premises are contaminated and Seller does not correct said <br />contamination, this Agreement shall be voidable, at Buyer's option, by written notice by <br />Buyer to Seller of same prior to the Closing Date and all earnest money refunded to the <br />Buyer and Buyer shall have no further recourse against Seller. <br />10. REPRESENTATIONS OF BUYER. The party signing this Agreement on behalf <br />of Buyer, hereby represent and warrant to Seller that such persons have all authority to sign <br />this Agreement on behalf of Buyer. <br />11. REPRESENTATIONS OF SELLER. The party signing this Agreement on <br />behalf of Seller, hereby represent and warrant to Buyer that such persons have all authority <br />to sign this Agreement on behalf of Seller. <br />12. PERSONAL PROPERTY. This paragraph intentionally omitted. <br />13. DOCUMENTATION TO BUYER. This paragraph intentionally omitted. <br />14. SECURITY DEPOSITS. This paragraph intentionally omitted. <br />15. LEAD AND ASBESTOS DISCLOSURE. This paragraph intentionally <br />omitted. <br />16. SELLER'S DUTY OF MAINTENANCE AND REPAIR. Between the date <br />hereof and the date of closing, except for Buyer's indemnification obligations set forth in <br />Section 6, Seller shall have the full responsibility and the entire liability for any and all <br />damages or injury of any kind whatsoever to the Premises, the Improvements thereon, and <br />all persons, whether employees or otherwise, and all property from and connected to the <br />Premises. Seller agrees to keep the Premises continually insured during the term of this <br />Agreement under a policies of (i) commercial general liability insurance with policy limits <br />of not less than $1,000,000 per incident, and (ii) fire, hazard and all risk property insurance <br />in amount equal to one hundred percent (100%) of the replacement value of the <br />Improvements. Until the closing, Seller shall have the full responsibility for the continued <br />operation, maintenance and repair of the Premises, normal wear and tear excluded. <br />17. CONDEMNATION. If, prior to the closing, the Premises shall be the subject of an <br />action in eminent domain or a proposed taking by a governmental authority, whether <br />temporary or permanent, Buyer, at its sole discretion, shall have the right to terminate this <br />Agreement upon written notice to Seller without liability on its part by so notifying Seller <br />and the Earnest Money (with ant accrued interest) shall be refunded to Buyer. If Buyer does <br />not exercise its right of termination, (i) any and all proceeds arising out of any such eminent <br />domain or taking shall be held in trust by Seller for the benefit of Buyer and paid to Buyer at <br />Page 6 of 16 <br />