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AG 2017 02 20
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AG 2017 02 20
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Last modified
2/22/2017 11:54:50 AM
Creation date
11/27/2017 10:27:23 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/20/2017
Board
Board of Commissioners
Meeting Type
Regular
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inspection or testing, and if any such lien shall at any time be filed, Buyer shall cause the same to be <br /> discharged of record within ten (10) days thereafter by satisfying the same (and if Buyer fails to do <br /> so, Seller may discharge the same at Buyer's expense and receive an applicable portion of the <br /> Earnest Money from the Escrow Agent to reimburse Seller therefor; (vi) except as approved by Seller <br /> in writing, in no event shall Buyer or Buyer's representatives or agents have the right to place any <br /> materials or equipment on the Property (including without limitation, signs or other advertising <br /> material)(except for material and equipment that are necessary in regard to the inspections and <br /> testing permitted by Buyer hereunder) until after the Closing has occurred; and (vii) Buyer and <br /> Buyer's representatives and agents hereby waive any and all claims against Seller and Seller's agents <br /> for any injury to persons or damage to property arising out of any inspections or other work <br /> performed by Buyer or its representatives and agents, including but not limited to any damage to the <br /> tools and equipment of Buyer and Buyer's representatives and agents, all of which shall be brought <br /> onto the Property at the sole risk and responsibility of Buyer and Buyer's representatives and agents. <br /> 11. Eminent Domain. <br /> a. In the event of commencement of eminent domain proceedings, or in the <br /> event Seller receives written notice of any threatened or contemplated eminent domain proceedings, <br /> respecting any portion of the Property prior to Closing, then Seller shall give Buyer prompt written <br /> notice thereof. If all or any part of the Property is taken by eminent domain proceedings, or if there <br /> is the commencement or bona fide threat of the commencement of any such proceedings, prior to <br /> Closing, Buyer shall have the right, at Buyer's option, to terminate this Contract by giving written <br /> notice to Seller on or before the date five (5) days after the date upon which Seller gives Buyer <br /> written notice of such taking, in which event the Earnest Money shall be refunded to Buyer promptly <br /> upon request, all rights and obligations of the parties under this Contract shall expire, and this <br /> Contract shall become null and void. <br /> b. If all or any part of the Property is taken by eminent domain proceedings <br /> prior to Closing and the purchase and sale of the Property contemplated by this Contract is thereafter <br /> actually consummated: (i) the Purchase Price shall be reduced by the total of any awards or other <br /> proceeds actually received by Seller on or before the Closing Date with respect to any taking of the <br /> Property; and (ii) at Closing, Seller shall assign to Buyer all rights of Seller in and to any awards or <br /> other proceeds payable thereafter by reason of such taking. <br /> If necessary to allow Buyer to exercise its rights under this Section 11, the Final Closing <br /> Date shall automatically be extended by the required number of days to allow for the exercise of such <br /> rights. <br /> 12. Notice. Each Notice ("Notice") provided for under this Contract shall be in writing <br /> and shall be: (i) physically delivered in person; or (ii) sent by depositing it with a nationally <br /> recognized overnight courier (such as Federal Express) with adequate postage prepaid for next day <br /> delivery addressed to the appropriate party (and marked to a particular individual's attention if so <br /> indicated) as hereinafter provided; or (iii) by electronic transmittal to an email address set forth <br /> below (provided, however, that no electronic delivery to an email address shall be good Notice <br /> hereunder unless an email address is expressly stated below). Each Notice personally delivered shall <br /> be effective on delivery (email being deemed delivered on the date sent without kick-back notice of <br /> delivery failure); each Notice sent by a nationally recognized overnight courier shall be effective <br /> when deposited with the courier for delivery as specified herein. The parties' addresses shall be <br /> those set forth below and a copy of any Notice shall be sent to parties designated below: <br /> Page 5 of 27 <br /> Attachment number 1 \n <br /> G-4 Page 136 <br />
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