Agenda - Council - 01/26/2021 - Laserfiche WebLink

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business days after Buyer's receipt of Seller's Title Notice, than Seller must perform in accordance with Seller's Title Notice, Buyer shall be dcerned to have waived Buyer's objections to the extent Sellerleas not agreed to address them in Seller's Title Notice, the matters to which Buyer objected and Seller did not agree to resolve are deemed Permitted Exceptions. and the parties shall proceed to Closing in accordance %kith the terra of this Agreement and the terms of Seller's Title Notice. 7. RIGHT OF ENTRY. At all. times after Buffer has deposited the Eamest Mo i h y ney wit Seller and before the Closing, Buyer (and its employees., agents* and contractors), may enter the Property for the purpose of conducting sof l tests., env ironmental tests and additional survey work, subject to the following conditions: a. Within one week after the termination of this Agreement. if either Seller or Buyer -terminate this Agreement in accordance with the provisions hereof prior to Closing, Buyer MUst repair and or restore any damage Buyer or its employees, agents or contractors cause to the Property and remove any personal property. refuse or debris Buyer or its employees, agents or contractors brought onto or authorized third parties to bring onto the Property. b. Buyer must defend and indemnify Seller fi-om and against and hold Seller harm less Seller from all "Claims, -!-I as defi reed in Section 10, arl s i ng out of, resulting from or relatinc, to any loss of or damage to any property oz- business or out ofany injury to or death of any person, if the loss, damage, injury, or death arises or is alleged to arise either directly or indirectly and either wholly or in part from- (a) any action or omission of Buyer or its employees, agents, or contractors'., while on the Property pursuant to this Section-, or (b) actions or omissions of Buyer or Buyer's employees.. agents., or contractors that cause or result in the release of any HazardIDLIS Substance onto the Property or onto other property. c. Buyer must comply with and shall cause it employees, agents, and contractors tc) comply with all applicable laws, while on. the Property. d. Other than a standard Phase I environmental assessment, Buyer may not commence any environmental. testing on the Property until Buyer submits a work plan for- SUCII testing to Seller and Seller approves the work plan, in writing, Seller may not unreasonably withhold, condition or delay Seller's approval of a work plan. e. Buyer must, promptly and without demand from Seller, provide Seller with true and complete copies of all draft and final reports relating to Buyer's geotechnical and environmental investigations and testing of the Property including, without limitation, any reports relating to any Phase I Environmental Site Assessnient or the Property. f. The cost of any test or additional survey work will be bome solely by Buyer. Page 3 of 13