CC PACKET 06122012 - Laserfiche WebLink

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I.2 No/100 Dollars ($295,000.00), on or before the expiration of the Financing Contingency Period. Seller shall cooperate in all reasonable respects with Buyer in obtaining such approvals, and shall execute such applications, permits and other documents as may be reasonably required in connection therewith. 4.7. Financing. Buyer shall have received, on or before the expiration of the Financing Contingency Period, a commitment for financing necessary and sufficient, in Buyer's opinion, to implement Buyer's plans for and complete the purchase of the Property, including but not limited to state and local tax increment financing, bond allocations and tax credit allocations. 4.8. Other Agreement. Buyer and Seller agree that Buyer has or will enter into a certain Purchase Agreement (the "Other Agreement") with Apache Redevelopment, LLC, for property described on Exhibit C of this Agreement which is adjacent to the Property (the "Other Property"). The closing under the Other Agreement shall occur concurrently with the Closing under this Agreement and Buyer's obligations hereunder are contingent upon closing on the Other Property. 4.9. Default. There shall be no uncured material default by Seller of any of its obligations under this Agreement. 4.10. Inspection Period. Seller shall allow Buyer, and Buyer's agents, access to the Property without charge (but subject to Buyer's indemnification obligations contained herein) and at all reasonable times upon at least two (2) business days' advance written notice by Buyer to Seller for the purpose of Buyer's investigation and testing the same from the date of this Agreement until July 1, 2012 ("Inspection Period"); provided, however, that Buyer shall not conduct any invasive or physical sampling, borings, or testing of soil, groundwater, building materials, or other substances on the Property without Seller's prior written consent (which consent shall not be unreasonably withheld). Buyer shall provide Seller with a copy of all reports conducted to determine the environmental condition of the Property. Buyer shall pay all costs and expenses of such investigation and testing, and shall keep the Property free of any liens arising out of Buyer's activities on the Property, and those of its authorized agents. Buyer shall repair any and all damage to the Property arising from or related to Buyer's or its authorized agents' investigation and testing, and shall restore the Property to substantially the same condition as existed prior to such entry. Buyer shall indemnify, defend and hold Seller and the Property harmless from all costs and liabilities arising from or related to Buyer's or its authorized agents' activities. Prior to the time Buyer avails itself of the rights herein contained to enter upon the Property, Buyer shall deliver to Seller evidence that Buyer and its authorized agents have in effect a fully paid policy of insurance which insures Buyer and Seller against any liability normally covered by a commercial general liability policy to the extent of at least $2,000,000.00 with respect to death of or injury to any one person and with respect to property damage or as otherwise reasonably M