Laserfiche WebLink
06/18/02 TUE 14:37 FAX 16123402644 DORSEY WHITNEY LLP " <br /> JUN-18-2002 14'110 DORSEY & WHITNEY LLP 6123402868 F <br /> 06/18/2002 13:14 YEAS 612 789 2109 F W H B LAW OFFICE <br /> 4.4 Buyer obtaining from Seller at Buyer's expense an updated Phase I <br /> environmental audit anal, if necessary,.a Phase U environmental report, in a form and with <br /> results that are acceptable to Buyer ins Buyer's sole discretion. The scope, content and <br /> substance of such report and the results of all of the testing and investigation must be <br /> acceptable to Buyer in Buyer's sole discretion. <br /> 4.5 Seller's performance of all of the covenants required to be petformed by it on <br /> or prior to the Closing Date and all representations made by Seller herein or otherwise shall <br /> be true and correct as of the Closing Date. <br /> 4.6 On the Closing Date: <br /> (a) to the best of Seller's knowledge, there shall be no encroachments <br /> onto or from the Property other than pursuant to easements of record <br /> and public roadway and utility improvements. <br /> (b) 20 the best of Seller's knowledge, all utilities (including without <br /> limitation,water,sewer,gas,electric and telephone)shall be available <br /> to the Property. <br /> (c) there shall be no litigation,pending or threatened, affecting the <br /> Property or any part thereof, or title to the property and Seller shall <br /> have so certified,to the best of its knowledge,to Buyer, <br /> (d) there shall be no rights of any public or quasi-public authority to use <br /> any portion of the Property, except pursuant to rights of record; <br /> (e) to the best of Seller's knowledge the Property shall not be in violation <br /> of any law, ordinance or order issued by any federal, state or <br /> municipal agency or department having jurisdiction, excepting <br /> violations knownto Buyer resulting from conditions of the Property <br /> existing as of the date hereof. <br /> In the event that any of the foregoing conditions cannot be satisfied within thirty <br /> (3 0)days of the date hereof and are not waived by Buyer,and provided that Buyer is not in <br /> default of hereunder and is proceeding diligently towards satisfaction of the foregoing <br /> conditions,Buyer may notify Seller of the same in writing at least tea (10) days prior to the <br /> expiration of said 30 day period,whereupon Buyer shall have an additional forty-five (45) <br /> days to satisfy said conditions (the "Extension Period")_ In the event Buyer requests an <br /> 3 <br />