AG 2007 10 15 - Laserfiche WebLink

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be returned to Buyer. Failure to provide notice prior to the end of the Buyer's Inspection Period shall be deemed a waiver of the Buyer's rights to such termination under this Contract. (e) Buyer has the right to place "For Lease" and "For Sale" signs and mazket the Property through various means available to Buyer. 5. LEASES AND TAX CREDITS. The purchase of the Property shall include the conveyance and assignment to Buyer of all leases, subleases, side letters, rental contracts, licenses, permits, franchises, concessions and other agreements relating to the use or occupancy of the Property, which aze in effect on the date hereof as listed on Exhibit A attached hereto; all security deposits; all guaranties of the performance of the tenants thereunder; all proceeds payable under any policy of insurance against loss of rents or business interruption; all rights, claims, causes of action and demands which the Seller might now or hereafter have against any tenant, subtenant, assignee or other occupant of the Properly herein described, excepting only rights, claims, causes of action and demands accruing prior to Closing; and all records and pertinent correspondence relating thereto (together, all of the foregoing are referred to herein as the "Leases"). Seller shall further, upon request by Buyer, assign to Buyer any right Seller may have to claim state or federal tax credits for any of the renovation work on the Property performed by Seller or its agents, to the extent any of the same may be available or assignable. 6. LIENS AND ENCUMBRANCES. Seller shall convey the Property to Buyer free and clear of all liens, encumbrances, claims, easements and restrictions, except that the Property may be conveyed subject to the following permitted exceptions (the "Permitted Exceptions") and restrictions: (a) Public utility easements providing customary service to the Property such as water, sewer, gas, electricity, telephone. (b) Zoning, land use and building laws, regulations or ordinances. (c) City and County ad valorem taxes on real property for the year of closing. (d) The Leases and other agreements described on Exhibit A. 7. SELLER'S CLOSING COSTS. Seller shall pay the following costs: Seller's attorneys' fees, any real estate commissions incurred by Seller, the tax stamps due upon the recording of the deed for the Property, preparation of the Seller's closing documents referred, and the survey referred to in Paragraph 1. 8. BUYER'S CLOSING COSTS. Buyer shall pay the following costs: Buyer's attorneys' fees, title examination expense, title insurance premium, costs to record documents other than release documents, and any mortgage loan closing expenses. 9. BROKERAGE. Seller and Buyer represent and warrant that no real estate brokers have represented them in this transaction. Should a claim for any other brokerage azise, each party agrees to indemnify and hold harmless the other from and against any and all claims, demands or the cost and expense thereof, commission fee or other compensation due or alleged to be due in connection with the transaction contemplated by this Contract based upon an agreement alleged to have been made or other action alleged to have been taken by the indemnifying party. 10. PROBATIONS AND ADNSTMENTS. The following items are to be finally prorated or adjusted as of the close of business on the day of the Closing (the "Proration Time"): 3 f S G-3