Laserfiche WebLink
(C) Any other tests and/or studies deemed necessary by <br />County which do not materially damage the Property or <br />irrigation of the Property. <br /> <br />County shall promptly provide to City copies of the results of all <br />such tests, inspections, and studies following the receipt of same <br />by County. County shall be responsible for all claims and <br />liability for damages, loss or expenses caused by, or any injury or <br />death to any person or damage to property which is connected with <br />or results from the entry upon the Property by County for the <br />inspection permitted herein, unless caused by the sole negligence <br />of City, and except that neither party by executing this Agreement <br />waives or intends to waive the monetary limitations or any other <br />protections of the Colorado Governmental Immunity Act, C.R.S. ~24- <br />10-101 et seq. At least seven days prior to the closing date, <br />County at its sole expense shall obtain a Phase I environmental <br />audit of the Property. If the Phase I environmental audit is not <br />satisfactory to County, it shall within five days of receipt of the <br />audit give City written notice of environmental defects. The <br />County at its option may complete the transaction notwithstanding <br />any environmental defects or may, upon written notice to City, <br />declare this Agreement terminated, whereupon all parties shall be <br />released herefrom, and all moneys paid to City shall be returned to <br />County. <br /> <br /> 11. Remedies. In addition to all other rights and remedies of <br />the City and County as set forth and provided in this Agreement, <br />the City agrees that County shall have the right to terminate this <br />Agreement and to make the same of no further force and effect: <br /> <br /> (A) If the representations set forth and provided for in <br />Paragraph 9 above are not true and correct as of the date of <br />the closing of this transaction; or <br /> <br /> (B) If City fails or refuses to provide the title <br />insurance commitment and the title insurance policy to County <br />within the time period and in the form and content required <br />under the provisions of this Agreement; or <br /> <br /> (C) If any part of the Property is condemned, or if <br />proceedings for such condemnation are commenced or notice of <br />condemnation is received by City from a condemning authority <br />other than the County prior to the date of closing. <br /> <br />8 <br /> <br /> <br />