|
8. NOTICES: All notices and demands required by this Contract shall be in writing
<br />and shall be sent by United States Certified mail or nationally recognized overnight carrier
<br />charges prepaid to Seller at: c/o Barb Miller, 498 Green Meadows Dr. West, Powell, Ohio 43065
<br />with a copy to, Edward T. McClellan, 1656 Gables Ct., Columbus, Ohio 43235, or to Purchaser
<br />at: c/o Bryce Sylvester, AICP, Director of Planning and Development, City of Lakewood, 12650
<br />Detroit Avenue, Lakewood, Ohio 44107 with a copy to: Kevin Butler, Director of Law,, City of
<br />Lakewood, 12650 Detroit Avenue, Lakewood, Ohio 44107.
<br />9. REMEDIES: If this transaction is not closed due to the fault or nonperformance
<br />of either party, the other party may, at its election, and as its sole remedy, declare this Contract
<br />terminated, or proceed to have this Contract specifically enforced. If this transaction is not
<br />closed due to Purchaser's default or nonperformance, then Seller may, in addition to the above
<br />described remedies retain the Earnest Money as agreed liquidated damages and just
<br />compensation and not as a penalty or forfeiture and declare this Contract terminated.
<br />10. REAL ESTATE COMMISSION: Neither Seller nor Purchaser has engaged a Broker.
<br />11. ACCEPTANCE OF OFFER: This offer when accepted shall constitute the entire
<br />agreement between the parties for the sale and purchase of the Premises. This Contract may
<br />be modified only in writing. The parties agree there are no oral agreements or representations
<br />between Purchaser and Seller affecting this contract and this Contract supersedes and cancels
<br />any and all previous negotiations, agreements, arrangements, representations and
<br />understandings, in any, between the parties. Only Ms. Annie Ames, Manager of Seller (and no
<br />employee or agent of Seller) has authority to make a contract, alter, change or modify any
<br />provisions, or make any warranty, representation, agreement or undertaking. The submission
<br />of this Contract for examination and negotiation does not constitute an offer to sell, a
<br />reservation of, or any option for the Premises. This Contract will become effective and binding
<br />only upon proper execution and delivery by Purchaser and Seller.
<br />12. ASSIGNMENT: This Agreement shall not, without the express written consent of
<br />Seller, be assigned.
<br />13. TIME IS OF THE ESSENCE: Time is of the essence of this Contract.
<br />14. COVENANTS AND WARRANTIES: All the covenants, warranties and agreements
<br />contained in this Contract shall survive closing and shall extend to and be binding on the heirs,
<br />executors, administrators, successors and assigns of the respective parties. PURCHASER HAS,
<br />OR WILL DURING THE DUE DILIGENCE PERIOD SET FORTH IN THIS CONTRACT, INSPECT THE
<br />PREMISES AND, PROVIDED PURCHASER DOES NOTTERMINATE THIS CONTRACT PURSUANT TO
<br />THE TERMS SET FORTH IN ARTICLE 6, PURCHASER AGREES TO TAKE TITLE TO THE PREMISES AS
<br />IS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, BY SELLER OR ANY AGENT OF
<br />SELLER EITHER EXPRESS OR IMPLIED, AS TO ITS CONDITION OR FITNESS FOR USE WHICH IS NOT
<br />
|