Laserfiche WebLink
4. Contingencies. Buyer's obligations under this Agreement are expressly contingent <br />upon satisfaction or waiver of each of the following conditions: <br />a. Title. Title will have been found acceptable to Buyer, or been made acceptable, <br />in accordance with this Agreement's requirements and terms. <br />b. Performance of Seller's Obligations. Seller will have performed all of its <br />obligations required under this Agreement, as and when required by this <br />Agreement. <br />c. Representations and Warranties. All of Seller's representations and <br />warranties contained in this Agreement are true and correct as of the Closing <br />Date. <br />d. Inspections and Feasibility and Due Diligence Investigations. Buyer's <br />satisfaction with the results of and matters disclosed by such inspections, <br />investigations and testing of the Property (the "Inspections"), including without <br />limitation, surveys, soil tests, environmental reports, Phase I reports, and all other <br />tests and inspections of the Property, which Buyer deems necessary or appropriate <br />to determine the suitability and feasibility of the Property for Buyer's intended <br />use of the Property (including without limitation, the successful application for <br />rezoning and plat approval) and Buyer shall have determined, that the Property <br />meets with Buyer's approval, including other assessments such as utilities and <br />environmental suitability and riparian or other water rights. Seller shall allow <br />Buyer, and Buyer's agents, physical access to the Property without charge at all <br />reasonable times for the purpose of Buyer's Inspections. Buyer's Inspections <br />will be conducted in a manner not unreasonably disruptive to the Property. <br />Buyer shall further repair and restore any damage to the Property caused by or <br />occurring during Buyer's Inspections and return the Property to substantially the <br />same condition as existed prior to such entry. <br />e. Due Diligence Documents. Buyer shall be satisfied with Buyer's review and <br />analysis of all of the following Due Diligence Documents previously provided by <br />Seller and the information contained therein: <br />i) ALTA Survey by Kakanson Anderson dated December 19, 2012. <br />ii) Title Commitment from First American Title Insurance Company dated <br />October 31, 2012, Commitment Number T12-11033. <br />iii) Phase I Environmental Assessment <br />iv) Phase II Environmental Assessment <br />v) Limited Site Investigation <br />vi) Response Action Plan <br />3 <br />