10-13-2004 Council Agenda - Laserfiche WebLink

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therefor. 12. Notices. Except as otherwise provided herein, all communications, demands, notices or objections permitted or required to be given or served under this Agreement shall be in writing and shall be deemed to have been duly given or served if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified or registered mail, return receipt requested, or if telegraphed, by prepaid telegram, and addressed to a party to this Agreement, to the address set forth next to that party's signature at the end of this Agreement, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Any party may change its address by giving notice in writing, stating its new address, to any other party as provided in the foregoing manner. Commencing on the tenth (10th) day after the giving of notice, the newly designated address shall be that party's address for the purposes of' all communications, demands, notices, or objections permitted or required to be given or served under this Agreement. 13. Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and the assigns, executors heirs, and successors of the parties. 14. Seller's Boundary o ar Lien Warranties. Seller warrants that there is a right of access to the real property trom a pu tic right of way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the Deed or Contract for Deed. 15. Condition of Property. A. Seller shall remove all debris and all personal property not included in this sale from the property before possession date. Seller has not received any notice from any governmental authority as to the existence of any Dutch elm disease, oak wilt, or other disease of any trees on the property. Seller know of no hazardous substances or petroleum products having been placed, stored, or released from or on the property by any person in violation of any law, nor of any underground storage tanks having been located on the property at any time, except as follows: None Notwithstanding Buyer's environmental investigations of the property (see paragraph 22.c., below), Seller warrants and represents to Buyer that, to the best of Seller's knowledge, there have been no acts or occurrences upon the property 5 8