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(D) Buyer shall pay the premium for the title insurance policy referred to <br />herein. <br />(E) Buyer shall pay the state deed tax and all taxes and assessments to be paid <br />by the Buyer pursuant to this Agreement. <br />(F) A marked -up title insurance commitment, subject only to the Permitted <br />Encumbrances described above. <br />(G) All other documents affecting title to or possession of the Real Property <br />and necessary to convey marketable title to the Real Property to Buyer, free and clear of <br />all liens, charges, and encumbrances, other than the Permitted Encumbrances. <br />(H) Seller shall execute and deliver at the Closing, a bring down certificate <br />certifying that the representations and warranties of the Seller contained herein shall be <br />true and correct as of the date of the Closing. <br />14. Access to the Premises. Buyer is hereby given access to the Real Property, with <br />reasonable notice, in order to conduct such soil, topographical, environmental, and engineering <br />exploration as Buyer reasonably deems appropriate. Buyer will work with Seller to prevent <br />damage to the property during said investigations. As additional consideration for the rights <br />granted in this the Buyer agrees to have the results of all such investigations certified to the <br />Seller and shall deliver copies to the Seller within 10 days of receipt by the Buyer. The Buyer <br />shall indemnify the Seller from any claims arising out of said investigations and shall prior to <br />entering the Real Property provide Seller with proof of insurance covering liability in the amount <br />of $1,000,000.00 and workers compensation insurance in form and amount satisfactory to the <br />Seller. <br />15. Brokerage Fees. Each party hereto warrants that it has not incurred any real estate <br />brokerage fees, finders' fee, loan brokerage fees, or any other fees to any third party as a result of <br />this transaction. In the event any third party institutes legal action in an effort to recover such <br />fees, the party who is alleged to have agreed to pay said fees shall defend such action and <br />indemnify and hold the other party to this Restated Agreement harmless from any and all claims <br />arising out of or relating thereto. <br />16. No Partnership or Joint Venture Created Hereby. Nothing in this Restated <br />Agreement shall be interpreted as crating a partnership or joint venture between the Buyer and <br />the Seller relative to the Real Property. <br />17. No Merger; Entire Agreement. The terms, covenants, and conditions to be <br />performed, or which may be performed, subsequent to the date of Closing, shall not merge with <br />any of the documents exchanged at Closing. <br />18. Liens: Buyer shall not permit any liens, including mechanics liens to attach to the <br />Real Property and shall furnish the City with a sworn construction statement and proof of <br />satisfaction of any contractor bill or lien upon written request. Buyer shall indemnify, hold <br />2 <br />