9A, City - County Joint Powers Agreement for TCAAP

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14. TAXES AND RECORDING. The Purchaser shall pay all taxes imposed on this transaction and shall obtain at its own expense and affix to all instruments of conveyance and security documents such revenue and documentary stamps as may be required by Federal and local law. All instruments of conveyance shall be placed on record in the manner prescribed by local recording statutes at the Purchaser's expense. A recorded copy of the deeds shall be supplied by the Purchaser to the Government within ten (10)business days of conveyance. 15. COVENANT AGAINST CONTINGENT FEES. The Purchaser warrants that it has not employed or retained any person or agency to solicit or secure this Offer upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Government the right to terminate the Offer without liability or in its discretion to recover from the Purchaser the amount of such commission,percentage,brokerage or contingent fee in addition to the consideration herein set forth. This warranty shall not apply to commission's payable by the Purchaser upon the contract secured or made through bona fide established commercial agencies maintained by the Purchaser for the purpose of doing business. "Bona fide established commercial agencies"has been construed to include licensed real estate brokers engaged in the business generally. 16. ZONING. Verification of the present zoning and determination of permitted uses hereunder, along with compliance of the Property for present or proposed future use, shall be the responsibility of the Purchaser and the Government makes no representation in regard thereto. The Government does not guarantee that any zoning information is necessarily accurate or will remain unchanged. Any inaccuracies or changes in the zoning information shall not be cause for adjustment or rescission of any contract resulting from the Government's acceptance of the Offer. 17. NON-DISCRIMINATION. The Purchaser covenants for itself, its successors and assigns and every successor in interest to the Property hereby conveyed, or any part thereof,that the said Purchaser and such successors and assigns shall not discriminate upon the basis of race, color, sex, religion, or national origin in the use, occupancy, sale, or lease of the Property, or in their employment practices conducted thereon. This covenant shall not apply, however, to the lease or rental of a room or rooms within a family dwelling unit;nor shall it apply with respect to religion to premises used primarily for religious purposes. The United States of America shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed and shall have the sole right to enforce this covenant in any court of competent jurisdiction. 18. PROPERTY TO BE SOLD SUBJECT TO EASEMENTS AND LUCRD. The Property will be sold subject to the LUCRD and any and all existing recorded reservations, easements, restrictions, and rights including those reservations, easements, restrictions and rights for private and public roads,highways, streets, pipelines,railroads, utilities, waterlines, sewer mains and lines, drainage, power lines, rights-of-way and remediation controls imposed upon the Property. At the request of Purchaser or its successors or assigns, the Government will,within ten(10)business days of receipt by the Army of appropriate written assurances from 6 176632v1