2023-096 Ordinance - Laserfiche WebLink

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• INSPECTIONS AND INVESTIGATIONS. SUBJECT TO THE EXPRESS REPRESENTATIONS, SELLER SHALL SELL AND CONVEY TO PURCHASER, AND PURCHASER SHALL ACCEPT, THE PROPERTY "AS IS", "WHERE IS", AND WITH ALL FAULTS, AND, OTHER THAN THE EXPRESS REPRESENTATIONS, THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER OR ANY THIRD PARTY. THE TERMS AND CONDITIONS OF THIS SECTION SHALL EXPRESSLY SURVIVE THE CONSUMMATION OF THE PURCHASE AND SALE OF THE PROPERTY ON THE CLOSING DATE, THE DELIVERY OF THE DEED AND THE PAYMENT OF THE PURCHASE PRICE, WITHOUT REGARD TO ANY LIMITATIONS UPON SURVIVAL SET FORTH IN THIS AGREEMENT. S. INSPECTION OF PROPERTY 8.1 Purchaser's Insoection. (a) During the ten (10) day period following the Effective Date (the "Inspection Period"), Purchaser shall have the right, at Purchaser's sole cost and expense, to inspect the Property and to ascertain the condition of title and the physical and environmental condition of the Property, which may include a Survey, soil borings or other tests, appraisals, engineering reports, environmental studies and • zoning inspections ("Inspections"). Purchaser agrees that it shall treat all information and written materials obtained or generated in connection with the performance of all inspections, tests and environmental studies conducted of the Property (the "Reports") as confidential materials and shall not disclose any portion thereof except to the extent required by law (and if so required, Purchaser shall simultaneously provide to Seller a copy of any disclosed information), and only to Purchaser's attorneys, mortgage lender(s), officers, members and environmental consultants, and otherwise as permitted by the written consent of Seller. Purchaser shall give Seller twenty-four (24) hour notice prior to performing any such tests. Any tests shall be conducted in a manner so as not to damage the Property or disrupt or disturb Seller's business as conducted on the Property. (b) In the event Purchaser determines the Property is not suitable for Purchaser's intended use thereof, Purchaser may, by written notice to Seller not later than 5:00 p.m. on the expiration date of the Inspection Period, terminate this Agreement, whereupon the Earnest Money shall he returned to Purchaser and the parties shall be released from any further obligations hereunder each to the other, except that Purchaser shall promptly provide Seller with copies of the Reports, Purchaser shall pay all the expenses of the Escrow Agent and the Title Company. In the event that Purchaser fails to deliver to Seller such termination notice prior to the expiration of the Inspection Period, Purchaser shall be deemed to have waived its right to terminate based on the condition of the Property or the results of its • Reports, and the parties shall proceed to Closing upon the terms contained herein