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Resolution 2007-29
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Resolution 2007-29
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Last modified
3/12/2021 2:46:32 PM
Creation date
7/31/2007 2:54:29 PM
Metadata
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Template:
City Council Records
Doc Type
Resolution
Signed Date
6/19/2007
Ord/Res - Year
2007
Ord/Res - Number
29
Original Hardcopy Storage
7D5
Supplemental fields
Test
RES 2007-29
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<br />19. Seller shall at the time of closing certify in writing to the Purchaser that the above <br />and foregoing representations and warranties remain true and correct as of the date of closing to the <br />best of the Seller's actual, present, Imowledge, or the above-referenced Seller shall certify which <br />representations and warranties no longer remain true and correct. <br /> <br />INSPECTION <br /> <br />20. Purchaser shall promptly provide to Seller copies of the results of all such tests, <br />inspections, and studies obtained regarding the Property following the receipt of same by Purchaser. <br />Any inspections conducted by }>urchaser shall not mitigate or otherwise affect Seller's <br />representations and warranties, as set forth above. <br /> <br />21. Purchaser, at all times during the term of this Contract, shall have access to the <br />Property for the purpose of conducting tests, studies, and surveys thereon, including without <br />limitation, soil and subsoil tests. In conducting such tests, studies or surveys, Purchaser shall not <br />engage in activities that could lead to or cause erosion, permanent harm, damage, or littering to <br />or of the Property and shall leav(: the Property and all gates and fences thereon in the same <br />condition as when such entrance olccurred. Seller shall cooperate as is reasonable with any such <br />investigations, inspections, or studies made by Purchaser so long as there is no expense required <br />by such cooperation. Purchaser may have performed at its option and/or expense the following <br />inspections: <br /> <br />a. Soil and percolation tests; <br /> <br />b. Inspections for asbe:stos, PCB's, underground tanks, or other hazardous substances; <br />and <br /> <br />c. Any other tests and/or studies deemed necessary by Purchaser which do not damage <br />the Property, including but not limited to an environmental assessment. <br /> <br />d. Purchaser shall be responsible for all claims and liability for damages, loss or <br />expenses caused by, or any injury or death to any person or damage to property which is <br />connected with or results f.rom the entry upon the Property by Purchaser for the inspections <br />permitted herein, unless caused by the sole negligence or willful and wanton act of Seller. <br />Purchaser is responsible nor payment for all inspections, surveys, engineering reports or <br />for any other work perfonned at Purchaser's request and shall pay for any damage which <br />occurs to the Property as a result of such activities. Purchaser shall not permit claims or <br />liens of any kind against the Property for inspections, surveys, engineering reports and <br />for any other work perfOImed on the Property at Purchaser's request. Purchaser agrees, <br />to the extent permitted by law, to indemnify, protect and hold Seller harmless from and <br />against any liability, damage, cost or expense incurred by Seller which results from the <br />entry upon the Property by Purchaser for the inspections permitted herein, to the extent <br />caused by Purchaser or its employees or agents. This indemnity includes Seller's right to <br /> <br />10 <br />
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