1998 009 Ordinance - Laserfiche WebLink

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1 (collectively, the "Title Costs"). The premium payable to the Title Company for the issuance of any endorsements to the Title Policy (other than the endorsements specified in Section 3(e) above) shall be paid by Purchaser. 4. SURVEY OF PREMISES. No later than March 6, 1998, Seller shall deliver or cause to be delivered to Purchaser and Title Company a complete and accurate survey of the Premises (the "Survey"). The Survey shall be certified to Seller, Purchaser, Title Company and any other party designated by Seller or Purchaser. The Survey shall be prepared by a reputable surveyor licensed by the State of Ohio and shall conform to the ALTA minimum standard detail requirements for land title surveys and shall include among other matters the following: (i) a specification of the dimensions of, and total amount of acreage included within, the Premises; (ii) a specification of the location of the Premises as it relates to all adjacent parcels and to SOM Center Road; (iii) a specification of the dimensions and location of any buildings forming a part of the Premises as they relate to the perimeter of the Premises; (iv) a~specification of the nature, dimensions. and locations of all easements, rights of way, encroachments and restrictions affecting the Premises, as,they relate to any buildings forming a part of the Premises and the perimeters of the Premises; and (v) any minimum building or zoning set back or sideline requirements applicable to any buildings forming a part of the Premises and any buildings' location in conjunction therewith. 5. TITLE TO PREMISES. On the Closing Date, Seller shall convey good and marketable indefeasible fee simple title to the Premises free and clear of all liens, encumbrances, easements, covenants, restrictions, defects and other matters (except Permitted Exceptions, zoning ordinances and regulations, public utility easements, any matters that would be disclosed by an accurate survey or inspection of the Premises, and all easements and restrictions of record) to Purchaser, or its nominee, by limited warranty deed in the form attached hereto as Exhibit B (the "Deed"). 6. DiTE DILIGENCE INVESTIGATION. (a) For a period of thirty (30) days following the Effective Date (the "Due Diligence Period"), Purchaser shall have the right to enter upon the Premises for the Purpose of inspecting the physical condition of the Premises and conducting its due diligence investigation to determine the suitability of the Premises for Purchaser's intended uses thereof ("Due Diligence Investigations"). The right to conduct Due Diligence Investigations includes, but is not limited to, the right of Purchaser and Purchaser's agents and representatives to enter upon any portion~of the Premises to take measurements, make inspections, make boundary and topographical survey maps, and to conduct geotechnical, environmental, groundwater, wetland and MRU\L960439\AGR00002.002 3