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02-23-2000 Council Agenda
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02-23-2000 Council Agenda
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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 <br />($ ) representing the full and final <br />adjustment between Owner and Buyer, and any successor and assign of either, of any and all <br />costs and expenses incurred or to be incurred by or on behalf of Buyer or its successors and <br />assigns in connection with, resulting from, growing out of or incidental to the discovery, <br />existence, clean up, treatment or removal of such asbestos and any discovery, clean up or <br />enforcement actions arising from or relating to such asbestos. In consideration of such credit to <br />the Purchase Price, Buyer, on behalf of itself and its successors and assigns, does hereby release, <br />relieve and discharge Owner and its successors and assigns from, indemnify Owner and its <br />successors and assigns against and hold Owner and its successors and assigns harmless from, any <br />and all loss, damage, liability, responsibility, obligation, claim, demand, suit, action or penalty of <br />any kind whatsoever in connection with, resulting from, growing out of or incidental to the <br />discovery, existence, clean up, treatment or removal of such asbestos and any discovery, clean up <br />or enforcement actions arising from or relating to such asbestos. The obligations of Buyer under <br />this Section 11 shall survive the Date of Closing and shall be the valid and binding legal <br />obligation of Buyer and its 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 />IN WITNESS WHEREOF, Owner and Buyer have entered into this Amendment as of the <br />date and year first above written. <br />262864v2 <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 />Kathleen M. DeLonais- Adams, as co- trustee of that <br />certain Revocable Trust under that certain <br />Amendment and Restatement of Eugene M. <br />DeLonais Revocable Trust Agreement effective <br />September 19, 1997 <br />Page 112 <br />
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