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<br /> <br />? <br />ARTICLE III. REPRESENTATIONS AND WARRANTIES OF PARTIES <br />3.01 The Parties each represent and warrant to the other party as follows, as of the <br />closing date: <br />There are no parties in possession of any portion of Pazcels A or B as lessees, tenants at <br />sufferance, or trespassers; <br />There is no pending or threatened condemnation or similar proceeding or assessment <br />affecting Parcels A or B, or any parts thereof, nor to the best knowledge and belief of the parties <br />is any such proceeding or assessment contemplated by any governmental authority; <br />The parties have complied with all applicable laws, ordinances, regulations, statutes, rules, <br />and restrictions relating to Parcels A and B, or any parts of them. <br />ARTICLE VI. CLOSING <br />6.01. The closing shall be held at the North Olmsted City Hall before June 14, 1996, or at <br />such time, date, and place as the First Party and the Second Party may agree (which date is herein <br />refened to as the "closing date"). <br />Duties of Parties at Closing <br />6.02. At the closing the parties shall each sign the Mill Road Dedication and Vacation <br />Plat thereby acknowledging the exchange of their properties described herein. <br />Costs and Eapenses of Egchange and Closing <br />6.07. All costs and expenses of closing and consummating the exchange of property <br />described in this agreement shall be divided equally. <br />ARTICLE X. MISCELLANEOUS <br />Assignment of Contract <br />10.01 This contract may not be assigned without the express written consent of the other <br />party to this agreement. <br />Survival of Covenants <br />10.02 Any of the representations, warranties, covenants, and agreements of the parties, as <br />well as any rights and benefits of the parties, shall survive the closing and shall not be merged in it. <br />2