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which, if emanated or migrated from the Property constitute a trespass, or (v) which
<br />could give rise to a claim for damages or injunctive relief resulting from personal
<br />injury, or property or natural resource damages;
<br />Seller shall not, without the prior written consent of Buyer, alter the natural
<br />topography and vegetation currently existing on, in or about the Property,
<br />including, but not limited to the cutting, burning or removal of any trees, removing
<br />any minerals or topsoil, dumping of any soil, fill or other rnatter, or altering the
<br />natural flow of any water courses located on the Property;
<br />(k) To the best of Seller's knowledge, there are no laws, ordinances, rergUlations3
<br />covenants, conditions or restrictions pertaining to or encumbering the Property
<br />which would, in any way, impair, interfere with or prevent Buyer's intended use of
<br />the Property as a retail grocery store;
<br />(I} Seller is not a "Foreign Person" as that term is defined in the Foreign Investment
<br />I
<br />in Real Property Tax Act;
<br />(m) There is no litigation and are no other proceedings pending or threatened in any
<br />way relating to the Property.
<br />The warranties, representations, covenants and agreements set forth in this Agreement
<br />shall not be cancelled by performance under this Agreement, but shall Survive the Closing and
<br />the delivery of the deed of conveyance hereunder. All representations and warranties set forth in
<br />this Article XI shall be true and correct as of the date hereof and as of the Closing Date, and at
<br />Closing, if requested by Buyer, Seller shall so certify, in writing, in form reasonably requested by
<br />Buyer. Seller hereby agrees to, indemnify and hold Buyer harmless from and against any and all
<br />claims, demands, liabilities, costs and expenses of every nature and kind (including attorneys'
<br />fees) which Buyer may sustain, at any t1ime (i) as a result of, arising out of or in any way connected
<br />Frith the operation, ownership, custody or control of the Property prior to the Closing Date; or (H)
<br />by reason of the untruth, breach, misrepresentation or nonfulfillment of any of the covenants,
<br />representations, warranties or agreements made by Seller in this Agreement or in any documents
<br />or agreements delivered in connection with this Agreement or with the closing of the transaction
<br />contemplated hereby. The foregoing indemnity by Seller shall survive the Closing and delivery of
<br />the Deed or the termination of this Agreement.
<br />11,02 Breach of Warranties Prior to Closing. If, during the pendency of this Agreement,
<br />Buyer determines that any warranty or representation given by Seller to Buyer under this
<br />Agreement shall be untrue, incorrect or misleading, in whole or in part, the same shall constitute
<br />a default by Seller hereunder. In such event, Buyer may give written notice thereof and shall
<br />thereafter have such rights and remedies as may be available to Buyer as provided herein, at law
<br />or in equity, including, but not limited to, the right to receive compensation for damages and/or
<br />the right to terminate this Agreement and to have the Earnest Money (and the Additional Deposit,
<br />if applicable) returned to Buyer.
<br />ARTICLE X11
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<br />B:
<br />S:
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