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09-10-2014 Council Agenda
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09-10-2014 Council Agenda
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all surveys of the property prepared either on <br />behalf of the Seller or Buyer. <br />(b) Buyer's Objections. Within ten (10) days after receipt <br />of the last title evidence, Buyer will examine the <br />title to the property and make written objections <br />("Objections") to the form and/or contents of the Title <br />Evidence. Buyer's failure to make Objections within <br />such time period will constitute a waiver of <br />Objections. Any matter shown on such Title Evidence <br />and not objected to by Buyer shall be a "Permitted <br />Encumbrance" hereunder. Seller will have thirty (30) <br />days after receipt of the Objections to cure the <br />Objections, during which period the Closing Date will <br />be postponed as necessary. Seller shall use its best <br />efforts to correct any Objections. To the extent an <br />Objection can be satisfied by the payment of money, <br />Buyer sha.il have the right to apply a portion of the <br />cash payable to Seller at the Closing to satisfaction <br />of such Objection and the amount so applied shall <br />reduce the amount of cash payable to Seller at the <br />Closing. If the Objections are not cured within such <br />30 -day period, Buyer will have the option to do any of <br />the following: <br />(1) Terminate this Agreement. <br />(2) Withhold from the Purchase Price an amount which, <br />in the reasonable judgment of Title, is sufficient <br />to assure cure of the Objections. Any amount so <br />withheld will be placed in escrow with Title, <br />pending such cure. If Seller does not cure such <br />Objections within ninety (90) days after such <br />escrow is established, Buyer may then cure such <br />Objections and charge the costs of such cure <br />(including .reasonable attorney's fees) against the <br />escrowed amount. If such escrow is established, <br />the parties agree to execute and deliver such <br />documents as may be reasonably required by Title, <br />and Seller agrees to pay the charges of Title to <br />create and administer the escrow. <br />(3) Waive the Objections and proceed to close. <br />7. Operation Prior to Possession. During the period from <br />the date of Seller's acceptance of this Agreement to the <br />Possession Date (the "Executory Period"), Seller shall operate <br />and maintain the Property in the ordinary course of business in <br />7 <br />8 <br />
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