AG 2017 02 20 - Laserfiche WebLink

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Contract, and the covenants and agreements of Buyer under this Contract, are the valid and binding obligations of Buyer, enforceable in accordance with their terms. d. All action has been taken by Buyer authorizing and approving the execution of and entry into this Contract as binding on Buyer. In the event Buyer closes on the Property as contemplated herein, then Buyer shall do so in a manner such that the execution and delivery by Buyer of the documents and instruments to be executed and delivered by Buyer on the Closing Date, and the performance by Buyer of Buyer's duties and obligations under this Contract and of all other acts necessary and appropriate for the consummation of the purchase and sale of the Property as contemplated by and provided for in this Contract, including, without limitation, payment of the Purchase Price on the Closing Date, are binding on Buyer. 14. Conditions Precedent to Buyer's Obligations. The obligation of Buyer to consummate the transaction provided for herein is subject to the following conditions (none of which limit any of the others or limit any other terms or provisions in this Contract), each of which must have been satisfied(or waived by Buyer in its sole discretion)by the Final Closing Date: a. Seller shall have performed all of its obligations under this Contract, has not violated any covenants set forth in this Contract and all representations and warranties of Seller set forth in this Contract shall be true and correct as of Closing. b. Title to the Property shall be as set forth in Section 7 and Buyer shall have obtained title insurance insuring Buyer's title to the Property at standard rates, all in accordance with Section 7. In the event any of the foregoing Conditions Precedent have not been satisfied prior to, or as of, the Final Closing Date, Buyer shall have the right to terminate this Contract and the Earnest Money shall be paid to Buyer. 15. Condition of Property. The Property is being sold and conveyed by Seller in an "As Is, Where Is" condition, and there are no representations or warranties being made with regard thereto by Seller. Furthermore, and without limitation, Seller has not made, does not make, and specifically disclaims any representations regarding compliance with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, including solid or hazardous waste, or the disposal or existence, in or on the Property, of any hazardous substance as defined by applicable environmental laws, rules, regulations, orders or requirements. Buyer further acknowledges and agrees that, having been given the opportunity to inspect the Property, Buyer is relying solely on its own investigation of the Property and not on any information provided or to be provided by Seller, and at the Closing, agrees to accept the Property" AS IS", "WHERE IS" and "WITH ALL FAULTS"with sole responsibility for the condition of the Property. Buyer waives all objections or claims against the Seller (including, but not limited to, any right or claim of contribution) arising from or related to the Property or to any hazardous materials on the Property. The condition of the Property as stated herein shall be further included in Seller's Trustees' Deed conveying the Property. 16. Closing Documents. Seller shall convey title to the Property to Buyer in accordance with the provisions hereof by execution and delivery of a trustees' deed (the "Trustees' Deed"), in recordable form, and in substantially the same form, and with the exceptions to title, as that attached hereto as Exhibit A, conveying the Property with the legal description taken from the Seller's source Page 8 of 27 Attachment number 1 \n G-4 Page 139