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<br />a) J!!_":~_~~~!~lk!rr~_~~_P!!t~_g~~l!!!!_~~ttJ~)____________________________...---{ Deleted:, <br />b) Public Raw Water Conduit Easement (Exhibit C) <br />4.02 Buyer agrees that the above covenants sbaU be recorded with the Property Deed. <br /> <br />4.03 In the event of a violation or attempted violation of the easement rights or restrictive <br />covenants set forth above, Seller may institute and prosecute any proceeding at law or in <br />equity to abate, prevent, or ergoin any such violation, or to specifically enforce the covenants <br />herein set forth, or to recover monetary damages caused by such violation or attempted <br />violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive <br />relief requiring Buyer to comply with said covenants without the need for a bond or security, <br />and that specific performance is an appropriate remedy and that Seller does not have an <br />adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. <br />No delay in enforcing the provisions of said covenants as to any breach or violation shall <br />impair, damage, or waive the right to enforce the same, or to obtain relief against or recover <br />for the continuation or repetition of such breach or violation or any similar breach or violation <br />thereof at any later time or times. <br /> <br />4.04 In the event suit is brought by Seller to enforce the restrictive covenants or easement <br />provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be <br />entitled to recover its costs. including reasonable attorneys' fees incurred in connection with <br />such suit. <br />~~:~~_1JJ_!!t~_lE~~~~~!!~!l~~O}!~_!!~_~~_IJ~_~~]~F-tl!~t!~ _(~~~~~j~_,!!_~~_!~~_____~.:--- <br />Property and disclosed in Section 16.01), SeDer agrees it shalL without further compensation. \. .... <br />vacate and release the Easements it holds on the Pronertv. as set forth in Exhibits B and C of \\' <br />". <br />~sADOOmem. ~\ <br />" <br />" <br />.' <br />" <br />" <br />SECI'ION 5 -ACCESS TO EASEMENTS \ <br /> <br />All easements retained by the Seller in Section 4 herein shall allow the Seller full access to all parts <br />of such easements for the purpose of operation, maintenance and repair and/or reconstruction of the <br />easement areas or facilities located therein. Such access shall include access by the Seller and its <br />officers, agents and employees across the Property and retained easement areas at all times. <br /> <br />- FoJmatted: Font: (Default) 11mes <br /> New Roman <br />. Fu......: Indent: Left: 038", <br /> Hanging: 038" <br />.. <br /> Formatted: Font: (Default) 11mes <br />, New Roman, U pt <br />, \ Folllllltted: Font: U pt <br /> Fu.._"': Font: (Default) 11mes <br /> New Roman, U pt <br /> <br />SECI'ION 6 - CLOSING <br /> <br />6.01 Unless otherwise extended by the provisions of this Agreement, the closing of this transaction <br />("Closing") shall be held at a time that is mutually agreeable to Seller and Buyer; provided <br />that the Closing shall be no later than Aoril 30. 2006. <br /> <br />Deleted: oinety (90) <br />Deleted: V:\Bngineering\BTSCmDA\L <br />: AND\CenlmviIle Res\Pmahase <br />. AgreemeDt\Purcb and Sale afYllllBD1 <br />loU2-20-05.doo <br />1DArtIId: V;\R~TSCBlDA\ <br />: LAND\CenIBrrille Res\Pmahase <br />AgreemeDt\Purcb and Sale afYllllBD1 <br />loU2-20-05.doo <br />. Deleted: C:\CeomviIle PA.cIoa <br /> <br />. <br />. <br />6.02 Buyer sbaU have the right to purchase the Property any time prior to and including Aoril 30. .I <br />2006. To exercise this right, Buyer shall give Seller sixty (60) days written notice thereof. : <br />Unless otherwise extended by the provisions of this Agreement. the Closing shall take place / i <br />not later than ~t~l.~~l_~!~_~~_~~_~f.~~~~_!!~!!~~____________________________________j i <br /> <br />, . <br /> <br />6.03 In the event that Seller satisfies all requirements of this Agreement by and Closing does not i i <br />occur by Julv 3 L 2006. or as otherwise extended by this Agreement, this Agreement shall be ! i <br />fl " <br />.. . <br />/,1// <br />. . <br />. . <br /> <br />. ..........___________.....__..___.._.._.._ ...._____........._.......... __it <br />H:1ProDertv Purobase-DisoosaJ\Pmk ProoertvIPurcba and Sale ofvacant lot 12-20-0Sv2.doc 2 <br /> <br />$ <br />