Resolution 2007-29 - Laserfiche WebLink

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34. While this Contract is in effect, Seller agrees that it shall not negotiate for or enter into any other agreement for sale of any interest in any portion of the Property. Rather, Seller agrees to exclusively deal with Purchaser for sale of the Property while this Contract is in effect. 35. This Contract may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement. 36. The validity and effect of this Contract shall be determined in accordance with the laws of the State of Colorado. In the event of any action concerning this Contract, the parties agree that venue shall be in the Boulder County District Court. 37. It is specifically agn:ed that Purchaser is not the agent or partner of Seller, and that Purchaser is not authorized to act on Seller's behalf; provided, however, that the foregoing shall not be construed to limit the consent and authorization provided in Paragraph 22.b, above. Nothing in this Contract shall be deemed to create a joint venture relationship between the Purchaser and Seller, any agreements reached between the Purchaser and any regulatory authorities or governmental agencies, including but not limited to any agreements with Boulder County, Colorado, shall be contingent on the Purchaser's closing on the purchase of the Property under the terms hereof. 38. Purchaser shall be solely responsible for obtaining and complying with all necessary permits, licenses, and approvals which are applicable for any activities conducted by or at the direction of the Purchaser on the Property. All activities conducted by Purchaser, its representatives, agents, contractors, and employees on the Property, shall be done in compliance with all federal, state and local laws. 39. Purchaser shall not, without Seller's prior written consent, enter into any lease or other agreement which creates, prior to closing, a lien on the Property. 40. In the case of a non-disputed termination of this Contract, Purchaser shall deliver any surveys, soils tests, environmental reports, site assessments, development work, site plans, inspections, tests, reports, studies or investigations of any kind or nature related to the Property obtained by the Purchaser and assign all of Purchaser's rights therein to the Seller. 41. Except as specifically provided in this Contract, Purchaser acknowledges that it is purchasing the Property in an AS IS physical and environmental condition and in an AS IS state of repair. Purchaser waives, and Se:ller disclaims, all warranties of any type or kind whatsoever with respect to the Property, express or implied, including, by way of description but not limitation, warranties regarding the environmental condition of the Property and warranties of fitness for particular purposes, tenantability, habitability, and use. This Paragraph shall survive closing. 14