AG 1992 09 21 - Laserfiche WebLink

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out of, relating to or in any manner connected with the use or occupancy of the "Building Tract" by Seller, its employees, agents, contractors or invitees except as may be the result of the negligence or misconduct of Buyer, its employees, agents, contractors or invitees. During the Occupancy Period, Seller shall use the "Building Tract" solely for the purposes for which it is currently being used unless Buyer otherwise consents in writing signed prior.to any such additional use of the "Building Tract." During the Occupancy Period, Seller shall not use, store or handle any hazardous materials on the "Building Tract" except in full compliance with all applicable laws and Seller shall not permit anyone else to use, store or'handle any hazardous materials on the "Building Tract." As used herein, the term "Building Tract" shall mean the approximately one-acre portion of the property shown cross-hatched in black on the map attached hereto as Exhib. it A. 5, Parties; Assignment; Termn. TI~s Option shall be binding upon and shall inure to the benefit of the parties and their heirs, successors, and assigns. This Option and all rights hereunder may be assigned by Buyer. As used herein, words in the singular include the plural and the masculine, feminine and neuter gender each include the other, as appropriate. 6. Inspection Privileges Prior to Closing. From the date of this Option, Buyer and its authorized agents, representatives or employees shall be entitled to go upon the property at reasonable times to make such engineering and soil tests and other inspections and tests as Buyer deems necessary or advisable. 7. Evidence of Title. Seller agrees to exercise its best efforts to deliver to Buyer as soon as reasonably possible after the date of this Option, copies of all title information'in possession or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, and easements relating to the property. 8. Eminent Domain. If prior to the Closing all or any part of the property is taken by eminent domain or if condemnation proceedings are commenced, Buyer shall have the option by written notice to Seller, to terminate this Option and receive an immediate refund of the Option Money. If Buyer does not elect to t¢~'a~inate this Option, it shall remain in full force and effect, and Seller shall assign, transfer and set over to Buyer at the closing all of Seller's right, title and interest in and to any awards that may be made for such taking. 9. Survival. Any provision herein contained which is by nature and effect required to be observed, kept or perfol'a~ed after the closing shail survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept, or performed. 10. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed in writing. All changes, additions or deletions hereto must be in writing and signed by all parties. C. 10964:~ '5-