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2000-02-23 Packet
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2000-02-23 Packet
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Feb. 7. 2C00 S:52AM1 110 .on? — P 4 <br /> documentation required under Section 6 below for Buyer's review and <br /> analysis. <br /> (d) Teg_u'na. Buyer shall have determined, on or before the Contingency Date, that it <br /> is satisfied with the results of and matters disclosed by soil tests, engineering <br /> inspections, hazardous waste and environmental reviews of the Property, <br /> including, but not limited to, Buyer baving determined, in its sole and absolute <br /> discretion, that it is comfortable with the environmental condition and <br /> remediation of the Property based upon its investigations and contact with any <br /> and all applicable governmental agencies, including but not limited to the <br /> Minnesota Pollution Control Agency, and its approval of the current Limited Site <br /> Investigation being conducted through the Minnesota Pollution Control Agency. <br /> VP ( (e) Document Review. Buyer shall have determined, on or before the Contingency <br /> 1 ' Date, that it is satisfied with its review and analysis of the Contracts, Permits, <br /> Warranties, Plans, Records and Permitted Encumbrances. <br /> (f) Government Approvals. Buyer shall have obtained at its sole cost and expense on <br /> or before the Closing Date all final governmental approvals necessary in Buyer's <br /> judgment in order to make the use of the Property which Buyer intends. <br /> 0/ <br /> Pt ) (g) Financing and Other Approvals. Buyer shall have received on or before the <br /> Closing Date a Commitment acceptable to Buyer for the proceeds of financing <br /> necessaty and sufficient in Buyer's opinion to implement Buyer's plans for and <br /> complete the purchase of the Property. Buyer shall also have received on or <br /> before the Closing Date all approvals of City Council, the Budget, or the E.D.A, if <br /> applicable. <br /> (h) Fnvirotenenek Indemnification. Buyer shall have received from Seller an <br /> indemnification for any existing environmental contamination and remediation <br /> required for all environmental con*atninetion existing as of the Closing Date, in a <br /> form satisfactory to Buyer, is Buyer's sole and absolute discretion. <br /> The 'Contingency Date" shall be that date which is 90 days after the date when Buyer shall have <br /> received the last of the matters which Seller is required to deliver to Buyer hereunder. If any <br /> such Contingency has not been satisfied on or before the stated date, then this Agreement may be <br /> terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination <br /> may be given at any time on or before the Closing Date. Upon such termination, the Earnest <br /> Money and any interest accrued thereon shall be released to Buyer and upon such retuni, neither <br /> party will have any further rights or obligations regarding this Agreement or the Property. All <br /> the Contingencies set forth in this Agreement are specifically stated and agreed to be for the sole <br /> and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any <br /> Contingency by written notice to Seller. <br /> 4. Closing. The closing of the purchase and sale contemplated by this <br /> Agreement (the "Closing ") shall occur on that date which is fifteen (15) business days after the <br /> 3 <br />
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