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02-23-2000 Additions
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02-23-2000 Additions
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limited liability company (the "Assignee "). Buyer shall deliver a copy of the fully executed <br />assignment document to Owner no later than three (3) business days before the Date of Closing <br />to assure Owner sufficient time to prepare the appropriate conveyance documents in favor of the <br />Assignee. In the event Buyer fails to deliver such assignment document to Owner within said <br />three (3) day time period, then the Date of Closing shall be extended day for day for each day of <br />delay in so delivering the assignment document. In no event shall such assignment relieve Buyer <br />from any liability or responsibility for payment or performance under the Option Agreement as <br />amended by this Amendment, it being understood and agreed that Buyer shall remain fully liable <br />for such payment and performance to the same extent as if the assignment did not occur. <br />11. Owner and Buyer do hereby acknowledge and agree that the Property contains a <br />furnace which is impacted by asbestos. On the Date of Closing, the remaining Purchase Price <br />specified at Section 3(b) above shall be credited by an amount equal to One Thousand Five <br />Hundred and No /100 Dollars ($1,500.00) representing the full and final adjustment between <br />Owner and Buyer, and any successor and assign of either, of any and all costs and expenses <br />incurred or to be incurred by or on behalf of Buyer or its successors and assigns in connection <br />with, resulting from, growing out of or incidental to the discovery, existence, clean up, treatment <br />or removal of such asbestos and any discovery, clean up or enforcement actions arising from or <br />relating to such asbestos. In consideration of such credit to the Purchase Price, Buyer, on behalf <br />of itself and its successors and assigns, does hereby release, relieve and discharge Owner and its <br />successors and assigns from, indemnify Owner and its successors and assigns against and hold <br />Owner and its successors and assigns harmless from, any and all loss, damage, liability, <br />responsibility, obligation, claim, demand, suit, action or penalty of any kind whatsoever in <br />connection with, resulting from, growing out of or incidental to the discovery, existence, clean <br />up, treatment or removal of such asbestos and any discovery, clean up or enforcement actions <br />arising from or relating to such asbestos. The obligations of Buyer under this Section 11 shall <br />survive the Date of Closing and shall be the valid and binding legal obligation of Buyer and its <br />successors and assigns. <br />Except as expressly set forth herein, all other terms and conditions of the Option <br />Agreement remain in full force and effect. <br />This Amendment may be executed in any number of counterparts, each of which shall be <br />deemed an original, but all of which together shall constitute one and the same instrument. <br />IN WITNESS WHEREOF, Owner and Buyer have entered into this Amendment as of the <br />date and year first above written. <br />262864v3 <br />OWNER: <br />Dennis Evans, as co- trustee of that certain <br />Revocable Trust under that certain Amendment and <br />Restatement of Eugene M. DeLonais Revocable <br />Trust Agreement effective September 19, 1997 <br />Page 4 <br />
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