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06-15-2020-WS
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06-15-2020-WS
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<br />4 <br />Hills and the Rice Creek Watershed District. If any such contingency has not been <br />satisfied on or before said date (which determination shall be within the Buyer’s <br />exclusive discretion), then this Agreement may be terminated, at Buyer’s option, by <br />written notice from Buyer to Seller. Upon such termination, the Earnest Money shall be <br />immediately returned to Buyer, and neither party shall thereafter have any further rights <br />against or obligations to the other hereunder, except as expressly provided otherwise <br />herein. All the contingencies set forth in this Agreement are specifically stated and <br />agreed to be for the sole and exclusive benefit of Buyer, and Buyer shall have the right to <br />unilaterally waive any contingency by written notice to Seller. The obligations of Buyer <br />under this Agreement are contingent upon Buyer’s determining (in its sole discretion) <br />that Buyer is satisfied with each of the following: <br /> <br />7.1 With the results of all environmental investigations, studies and tests completed <br />by an environmental testing firm acceptable to Buyer. <br /> <br />7.2 With the results of all soil and other site engineering investigations, studies and <br />tests, which Buyer deems appropriate. <br /> <br />7.3 With utilities, storm water retention and all on-site and off-site infrastructure to <br />the Real Property. <br /> <br />7.4 With all government approvals desired by Buyer to develop the Real Property, <br />including, but not limited to, waiver of all park dedication fees for the Real <br />Property. <br /> <br />7.5 With the Real Property title, including all leases, easement agreements, including <br />but not limited to the easements Seller will provide to Buyer, maintenance <br />agreements, or any other agreements relating to the Real Property. <br /> <br />7.6 With its review of all documents provided to Buyer by Seller. <br /> <br />7.7 With its review of the condition of title to the Real Property. <br /> <br />7.8 That the Real Property is suitable for Buyer’s needs in accordance with Buyer's <br />development plans. <br /> <br />7.9 With the physical condition of the Property including zoning, access, drainage, <br />and wetlands. <br /> <br />Subject to any rights or restrictions under any of the Permitted Encumbrances, <br />Buyer and its agents will have the right, from time to time prior to the Closing, to <br />enter upon the Real Property to examine the same and the condition thereof and to <br />conduct such surveys and to make such engineering and other inspections, tests, <br />and studies as Buyer determines to be reasonably necessary, all at Buyer’s sol e <br />cost and expense. <br />
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