9A, City - County Joint Powers Agreement for TCAAP

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effectuate a timely closing. Any rescission will be without liability on the part of the Government other than to return the earnest money deposit without interest 7. DEEDS WITHOUT WARRANTY. The Government shall transfer title to the Property by quitclaim deeds. 8. REVOCATION OF OFFER AND DEFAULT. In the event of revocation of the Offer prior to acceptance and after the date provided in Section 6 prior to which the Purchaser may elect to rescind its offer or elect not to consider the condition therein satisfied or waived and thereby the Government is obligated to return the Deposit to the Purchaser , or in the event of any default by the Purchaser in the performance of the contract created by such acceptance not cured within sixty(60) days, the Deposit, together with any payments subsequently made on account,may be forfeited at the option of the Government,in which event the Purchaser shall be relieved of further liability. 9. INSPECTION. Failure of the Purchaser to inspect or to be fully informed as to the condition of all or any portion of the Property shall not constitute grounds for any claim or demand for adjustment or withdrawal of the Offer. The Purchaser shall be deemed to have relied solely on its own judgment in assessing the overall condition of all or any portion of the Property. 10. CONDITION OF PROPERTY. Except as otherwise provided herein, the Property is offered"as is" and"where is"without representation, warranty, or guarantee as to quality, quantity, character, condition, size, or kind, or that the same is in condition or fit to be used for any purpose for which it is intended. 11. POSSESSION. Except as provided in this Section 11, possession by the Purchaser of the Property will be granted upon the Initial Closing. The Government will, within ten(10) business days of acceptance by the Purchaser of the Offer, enter into a License Agreement with Purchaser allowing the Purchaser to complete environmental testing on the Property. A draft of the License Agreement is attached as Exhibit D. 12. TITLE EVIDENCE. Any title evidence which may be desired by the Purchaser will be procured at its sole cost and expense. The Government will, however, cooperate with the Purchaser or its authorized agent in this connection by providing a copy of all documentation in its possession pertaining to the title of the Property. It is understood that the Government will not be obligated to pay for any expense incurred in connection with title matters or survey of the Property. 13. LIABILITY. If this Offer is not accepted for any reason or no reason at all, or if this Offer is accepted and (i) the Government fails for any reason to perform its obligations as set forth herein, or(ii)title to the Property does not transfer and vest in the Purchaser for reasons outside the Purchaser's control, the Government shall promptly refund to the Purchaser all amounts paid by Purchaser, without interest, whereupon the Government shall have no further liability to the Purchaser. 5 176632v1