Agenda - Council - 10/25/2005 - Laserfiche WebLink

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b. The ages of boilers 'or HVAC ecl~ipment, water heaters, roofs (along with the style of roof and any contractor guarante'es). 20. SURVEY. Subject to the provisions contained herein, SELLER shall, at SELLER'S sole cost and expense, obtain a current survey of the Property which survey shall be prepared by a R<:gistered Surveyor (the "Survey"). The Survey, in form suitable to BUYER and Title Company shall' locate all present and future easements, fights-of-way,-wetlands, 100-year.flood plain, building lines, utility lines, roadways and encroachments on or abutting the property. - contain the certification of the surveyor as to the number of square feet contained in the Property. BUYER shall have ten (10) days from the date of receipt of the Survey to approve same or to notify SELLER of BUYER'S objections to items disclosed therein. Upon the expiration of said ten (10) day period, BUYER shall be deemed to have accepted all exceptions to Survey, except for matters to which notice under the preceding sentence has been ~ven by BUYER. If BUYER notifies SELLER of any objections to the Survey within aforesaid ten (10) day period, then and in that event SELLER shall have a period often (10) days following receipt of such objections to Survey to cure said objections or notify BUYER in writing of SELLER'S intent not to cure said objections. If the objections are not cured by SELLER within said ten (10) .day period, B U'rTER shall then have the option to do either of the following: terminate this Agreement and receive a refund of the Earnest Money, whereupon neither party shall have any fights or obligat}gns to the other under this Agreement and each party shall forthwith execute a written termination of this Agreement; or waive the survey objections, take title to the Property subject to any such objections arid proceed to Closing in accordance with the terms and provisions of this Agreement. Should SELLER notify BUYER that SELLER will not cure a noticed objection, BUYER shall then have ten (10) days from the receipt of such notice from SELLER to notify Seller of BUYER'S election to either terminate this Agreement or to waive the objection and proceed to Closing. 21. SELLER'S OBLIGATION: SELLER shall not execute any Lease during the period o,~' time from the date of this Agreement through the date of closing without the prior written consent of the BUYER. 22. NOTICES. All notices required herein shall be in writing and delivered personally mailed to the address as shown above and, if mailed, are effective as of the date of mailing. 23. BROKERS. Each party represents that they are not obligated to any real estate or business broker as a result of this transaction. Each party hereby indemni£xes the other· for any brol~er':~ or agent's fees. -319-