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11 <br />FROM, AND WAIVES ALL CLAIMS AND LIABILITY AGAINST SELLER <br />AND SELLER'S AGENTS AND REPRESENTATIVES FOR, ANY <br />STRUCTURAL, PHYSICAL, OR ENVIRONMENTAL CONDITIONS AT THE <br />PROPERTY AND FURTHER RELEASES SELLER AND SELLER'S AGENTS <br />AND REPRESENTATIVES FROM, AND WAIVES ALL LIABILITY <br />AGAINST SELLER AND SELLER'S AGENTS AND REPRESENTATIVES <br />ATTRIBUTABLE TO, THE STRUCTURAL, PHYSICAL, AND <br />ENVIRONMENTAL, CONDITION OF THE PROPERTY SUBJECT TO THE <br />REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 12. <br />The provisions of this Section 3 shall survive Closing. <br />4. Buyer Contingencies. The obligations of Buyer under this Agreement are contingent <br />upon each of the following: <br />4.1. Seller Performance. Seller shall have provided Buyer all documentation required <br />by the terms of this Agreement, and shall have performed all obligations <br />contained herein. <br />4.2. Representations and Warranties. The representations and warranties of Seller <br />contained in this Agreement must be true now and on the Closing Date as if made <br />on the Closing Date in all material respects. <br />4.3. 'Title. The condition of title of the Property shall have been found acceptable, or <br />been made acceptable, in accordance with the requirements and terms of Section <br />9 below. <br />4.4. Government Approvals. Buyer shall have obtained, at its sole cost and expense, <br />on or before December 31, 2012 (the "Financing Contingency Period"), all final <br />governmental approvals necessary in Buyer's judgment in order to make the use <br />of the Property which Buyer intends, including but not limited to state and local <br />tax increment financing, bond allocations and tax credit allocations. Seller shall <br />cooperate in all reasonable respects with Buyer in obtaining such approvals, and <br />shall execute such applications, permits and other documents as may be <br />reasonably required in connection therewith. <br />4.5. Development Agreement. Buyer and Seller shall on or before May 30, 2012, <br />enter into a development agreement which shall be acceptable to Buyer that will <br />govern the development and use of the Property and the Other Property and shall <br />provide tax increment financing for the project that Buyer intends to construct on <br />the Property and the Other Property. <br />4.6. Ramsey County Financing. Buyer has received an award of funds from Ramsey <br />County, however, such award of funds shall not be rescinded and Buyer shall <br />receive an award for an additional Two Hundred Ninety -Five Thousand and <br />-3- <br />