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2010 038 Ordinance
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2010 038 Ordinance
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Last modified
11/19/2018 4:07:49 PM
Creation date
9/7/2018 6:37:34 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
038
Date
9/20/2010
Year
2010
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may request in its sole discretion. Seller shall provide an affidavit or otherwise satisfy the <br />requirements of Title Company relating to the deletion of the so-called "standard printed <br />exceptions". <br />(d) During the Inspection Period, Buyer shall have the right to obtain, at Buyer's sole <br />cost and expense, a survey drawing and legal description of the Property prepared by a surveyor <br />registered and licensed in Ohio (the "Survey"). The Suivey shall be an ALTA/ACSM land title <br />survey prepared in accordaslce with "Minimum Standard Detail Requirements for ALTA/ACSM <br />Land Title Surveys", which shall include such Table A iteins as specified by Buyer, and shall be <br />certified to Buyer, Title Company, and any other person Buyer may designate. The legal <br />description set forth in the Survey shall be attached to the Deed (as defined in Section 7) as an <br />exhibit. <br />Upon Buyer's receipt of such Sluvey: <br />Buyer shall review the Survey in conjunction with the Title Cominitinent <br />and shall notify Seller in writing within thirty (30) days of receipt of the <br />Sluvey of any objection(s) thereto (the "Survey Objections"). <br />ii Seller shall have the right but not the obligation to cure the Survey <br />Objections within ten (10) days after Seller's receipt of Buyer's notice. If <br />the Survey Objections are not cured, Buyer shall have the option to (i) <br />accept the Property subject to the Survey Objections, or (ii) terminate this <br />Agreement by giving written notice to Seller of such termination, in which <br />event all funds and documents previously paid, deposited or advanced by <br />Buyer shall be immediately returned to Buyer, both Pai-ties shall thereafter <br />be released from all further obligations under this Agreement and neither <br />Party shall have any further liability to the other Party hereto. <br />iii. The failure of Buyer to notify Seller of objection(s) to the Survey within <br />the time period set forth in subsection (d)i, above, shall constitute an <br />acceptance thereof by Buyer. <br />(e) During the Inspection Period, Seller may review the condition of tlie Residential <br />Property, including but not limited to the review of a title commitment and survey, all obtained <br />and reviewed by Seller, at Seller's sole cost and expense. <br />4. Inspectior? of the Property and the Residential Property. <br />(a) DLUing the Inspection Period, Buyer and its authorized representatives shall have <br />the right to enter upon the Property following the execution of this Agreement to malce test <br />borings, drainage tests, surveys, engineering and architectural studies, inspections of well and <br />septic systems and for other purposes coinmensurate with ascertaining the suitability of the <br />Property for Buyer's purposes, including for the purpose of conducting a Phase I and/or Phase II <br />envirorunental audit of the Property (the "Eiivironmental Audit"). Buyer agrees to pay the total <br />cost of the Environmental Audit. Seller shall cooperate with Buyer and its autllorized <br />representatives in providing inforination and access to the Property necessary to complete the <br />Environmental Audit. Buyer agrees to be responsible fo'r any and all damages to the Property or <br />3 <br />474370 v_05 \ 122504.0011
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