1997 009 Ordinance - Laserfiche WebLink

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The Purchase Price shall be paid by the delivery of good and sufficient funds to the Escrow Agent not less than two (2) business days prior to Closing. SECTION 3. CONDITION OF REAL PROPERTY Buyer agrees to purchase and accept the Real Property in its present condition, as changed by ordinary wear, tear and use between the Effective Date and the date of possession. Further- more, except as otherwise expressly set forth herein, Buyer acknowledges and represents to Seller that the Real Property has been carefully. inspected by Buyer, and that the Real Property, as the same is described in this Agreement, will be purchased by Buyer as the result of such independent inspection or investigation and not by or°through any representations made or Seller's agents, or omissions, except any representations expressly set forth herein. Buyer further acknowledges that the Real Property is purchased and will be accepted "as is". Buyer further agrees that Seller shall not be liable for or on account of any inducements, promises, representations or agreements not expressly set forth in this Agreement; that no agent or employee of Seller is or has been authorized by Seller to make any such representations with respect to the Real Property; and that if any such representations have been made, they are wholly unauthorized and not binding on Seller. In further explanation without limiting the foregoing, Buyer shall be solely responsible for satisfying itself .as to any surveys as may be necessary to insure Buyer as to the description and location of the Real Property described herein, and the existence of encroachments, if any_ Buyer expressly assumes the risk as to any matters an accurate survey may disclose. Seller represents to Buyer that it has no knowledge of any environmental information which would materially affect the property. Seller further represents that it has not received any notices from any governmen- tal or regulatory agency which would require any environmental response concerning the property. SECTION 4. TITLE Title to the Real Property to be conveyed by Seller to Buyer shall be good and marketable title, free and clear of all re- strictions, liens and encumbrances whatsoever, except all re- strictions, easements, conditions, reservations and limitations of record, including any restrictions, easements, conditions, reservations and limitations created in conjunction therewith, any state of facts an accurate survey may show; alI zoning ordinances of record; and all taxes and assessments, both general and special, not yet due and payable. In the event a title defect appears as a result of the title search which would render the title unmarket- able, Seiler shall have 30 days after receipt of notice thereof to remove said defect and to provide Buyer with evidence thereof, and the Closing Date shall be the later of {a) the Closing Date specified below; or (b) five business days after the defect is removed. In the event Seller is unable or unwilling to remove said defect, Buyer, wi-thin five days after receipt of notice, may either (i) accept title to the Real Property subject to said defect -2-