CCP 12-15-1997 - Laserfiche WebLink

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--- DEC-12-1997 10:43 BRADLEY:O DEWE, R.A. 612 926 5743 R.09 .. I To assist Purchaser in its determination of the suitability of the Property for the intended .. lISe, Seller shall, within ten (t 0) days of the date hereof; deliver to Purchaser copies of all documents which pertain to restrictive covenants, plans, plats, surveys, reports, tests, studies, title materials (including copies of exception documents referenced in the title policy or title I commitment, as the case may be), and environmental information that are in Seller's possession. (I) Purchaser may, at its sole risk, cost and expense, conduct or cause to be I conducted soil conditions, and/or hazardous materials engineering tests and/or environmental assessments of the Land and in this connection. it or its designated agents may enter upon the Land for pllIposes of inspection, soil analysis, core drilling or other I tests that may be deemed necessary or desirable by Purchaser or its engineer (including, without limitation, engineering tests to determine the existence, if any, of any geological faults in or undermining of the subsurface of the Land and the location thereof). I Purchaser shall restore or repair any damage caused, related to or arising out of Purchaser's conducting of these tests. Purchaser shall indC'mnify, hold harmless and, at Seller's option but with Purchaser's legal counsel, defend Seller against any and all I claims, actions, causes of actions, expenses, costs, penalties and liability brought by or owing to third parties arising out of its work or those of its employees, agents or contractors on the Land which indemnity shall also include the payment of reasonable I attorneys' fees. (2) Purchaser shall determine whether the improvements contemplated by ~ Purchaser for the Property and the use thereof are permitted by all govemmental or quasi- governmental authority (local, state or federal), including but not limited to zoning, subdivision and special use authorities. I (3) Purchaser, at its sole cost and expense, shall determine that it shall have the right to construct and operate upon the Property, upon proper application to the I appropriate governmental authorities and at a cost reasonably acceptable to Purchaser, its proposed buildings and other improvements. Said applications and approvals (the "Governmental Approvals") shall include, but shall not be limited to, the proper zoning I and all other authority to construct Purchaser's buildings and all other necessary or desirable improvements (including Purchaser's signage). (4) Purchaser shall have satisfied itself as to the environmental condition of I the Land, based on environmental testing pursuant to this Section 10 and any environmental reports furnished to the Purchaser by the Seller pursuant to this Section 10. I (B) If Purchaser shall determine that it is not possible to develop the Property as intended by Purchaser, then Purchaser may terminate this Agreement by giving notice (the . "Temrination Notice") of its election to do so to Seller on or before the expiration of the Inspection Period. The Termination Notice shall set forth the reasons for the termination of this Agreement in reasonable specificity. If the Termination Notice is Dot given on or before the I expiration of the Inspection Period (as the samc may extended as herein provided) thm Purchaser 8 .. I