Resolution 2007-29 - Laserfiche WebLink

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recover all costs and expenses incurred by Seller to enforce this subsection, including Seller's reasonable attorney fees. The provisions of this Paragraph 21.d shall survive the termination of this Contract or the Closing of this transaction and shall not be merged by delivery of the deed. 22. In addition to all other rights and remedies of the Purchaser and the Seller as set forth and provided for in this Contract, the Seller agrees that the Purchaser shall have the right to terminate this Contract and to make the same of no further force and effect: a. If the representations and warranties of the Seller as set forth and provided for in Paragraph 18 above are not true and correct as of the date of the closing of this transaction; or b. If Purchaser determines, in its sole discretion, that subdivision approval acceptable to the City has not or will not be obtained from Boulder County to create Parcel 3, so as to permit the City, in compliance with Boulder County subdivision regulations, to resell Parcel 3 upon acquisition of the Parcels from Seller. It is a condition precedent to the City's obligation to close on the Property that the City has obtained such final subdivision approval from Boulder County, which approval and documents related thereto shall be in form and substance acceptable to the City in its sole discretion. Seller hereby consents to and authorizes Purchaser's application for subdivision approval from Boulder County for the Property, for the creation of said Parcel 3; or c. If Purchaser determines, on or before July 23, 2007, in its sole discretion, that the cost to manage, treat, abate, or remove any hazardous substances found on the Property is uneconomical as a result of any conditions disclosed by tests conducted hereunder; or d. If any part of the Property is condemned, or if proceedings for such condemnation are commenced or notice of condemnation is received by Seller from a condemning authority other than Purchaser prior to the date of closing on the Property; or e. If Purchaser determines, on or before July 23,2007, in its sole discretion, and based on any inspections conducted pursuant to Paragraph 21, that there exists a unsatisfactory physical condition of the Property; or f. In the event any action whatsoever is commenced to defeat or enjoin the Purchaser's performance under this Contract. 23. If Purchaser elects to terminate the Contract pursuant to Paragraph 22, Purchaser shall provide written notice to Seller declaring this Contract terminated, and both parties shall be released therefrom. If this Contract jis terminated on or before July 31,2007, all earnest money and other things of value received by Seller hereunder shall be immediately returned to Purchaser. Ifthis Contract is terminated after July 31, 2007 through no fault of Seller, all earnest money shall be retained by the Seller. 11