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15.13 Nothing contained herein is intended to create, nor shall it ever be construed to <br />make the Seller and Purchaser partners or joint venturers. <br />15.14 Each and every representation, warranty and agreement by either party to the <br />other shall be considered material and any breach thereof shall be an event of default and shall <br />entitle the damaged party to utilize any and all remedies available to it and specified in this <br />Contract. <br />15.15 Risk of loss prior to Closing shall be on Seller. If, prior to Closing, (i) all of the <br />Property or (ii) any part of the Property that materially impairs the intended use of the Property <br />shall be destroyed or damaged by fire or other casualty, and unless such damage or destruction is <br />either repaired by Seller prior to Closing or arrangements for repair satisfactory to Purchaser are <br />made prior to Closing so that the Property shall be in as good a condition at Closing as existed at <br />the date of this Contract, then this Contract shall, at the option of Purchaser, be terminated. <br />15.16 If prior to the Closing (i) all of the Property or (ii) any part of the Property that <br />materially impairs the intended use of the Property or Easement is taken by eminent domain or <br />becomes the subject of a condemnation proceeding, Purchaser shall have the option by written <br />notice to Seller, to terminate this Contract. <br />15.17 Whenever the context permits, a singular shall include plural and one gender shall <br />include all. <br />SIGNATURES FOLLOW <br />10 <br />2013 Base Option <br />Attachment number 1 <br />G -9 <br />Page 208 <br />