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the petroleum contaminants in the ground water shall not <br />exceed the maximum contaminant levels for these <br />components in the ground water as set forth by the state <br />water quality provisions in effect at the time of the <br />execution of this agreement. <br /> <br />REAL ESTATE COMMISSION <br /> <br /> 13. Any real estate commission due to any broker upon sale of <br />the Property to Purchasers shall be paid by Seller. Purchasers <br />represent and warrant to Seller that Purchasers are not a party to <br />a contract which requires the payment of any real estate commission <br />upon sale of a fee simple interest in the Property to the <br />Purchasers. <br /> <br />PROPERTY TO REMAIN UNENCUMBERED <br /> <br /> 14. Seller agrees that it will not, so long as this Agreement <br />is in effect, encumber or burden the Property or the water rights <br />any part thereof without the consent of Purchasers. Seller further <br />agrees that during the term of this Agreement and through the date <br />of delivery of possession of the Property to the Purchasers, Seller <br />shall not develop the Property in any manner, including without <br />limitation, constructing any improvements or erecting any <br />structures on the Property, leasing mineral rights for the <br />Property, or disturbing the surface of the Property. <br /> <br />ASSIGNMENT <br /> <br /> 15. Seller shall not assign its rights and obligations <br />hereunder unless Purchasers first consent thereto in writing, which <br />consent shall not be unreasonably withheld. Purchasers do, however, <br />consent to Seller assigning its rights hereunder in furtherance of <br />an IRC Section 1031 tax-deferred exchange so long as the Purchasers <br />incur no increased expense or liability exposure and so long as the <br />assignee complies with all of the provisions of this Agreement. <br />Said consent does not give the Seller the right to impose any <br />responsibilities on the Purchasers that are not set forth in this <br />Agreement other than the consent to the assignment. Purchasers <br />agree to cooperate with Seller in effecting a Section 1031 <br />exchange. Neither Seller nor any assignee of Seller in an IRC <br />Section 1031 exchange shall act or fail to act in performance of <br />this Agreement in any way which limits, impairs, or restricts <br />Louisville's ability, as Purchaser, to use and expend funds <br />generated by the sales and use tax adopted by Louisville ordinance <br />No. 119, Series 1993, for acquisition of the Property. Seller <br />agrees that so long as Purchasers are not in default hereunder, <br />Seller shall not sell or convey any of the Property except to <br />Purchasers pursuant to this Agreement. Purchasers may assign their <br />rights to purchase all or a portion of the property without the <br />consent of Seller. <br /> <br />FINGRU PIIRCHASE AGREEMENT - 10 - <br /> <br /> <br />