2017 06-06 PC PACKET - Laserfiche WebLink

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m liabilities relating to Buyer, Buyer's agents or any companies engaged by Buyer to complete activities on the Property: Buyer and its agents when entering. the Property shall use when possible the existing entrance on. the east. side.of the property just north of County Road E on the Daniels Patin Road. Buyers and its agents shall. also use the existing pathways on the Property in. order to minimize damage to the tenant's crop areas, When possible., Buyer shall perform any tests. on the network of pathways on the Property rather than the areas containing any standing crops. Buyer further agrees to repair and restore Any damage to the Property caused by or occurring during Buyer's testing and return the Property to substantially the same condition as. existed prior to such entry, and shall defend; indemnify and hold Seller harmless from all clairi�s and liabilities relating to the Buyer's activities including Seller's attorney's fees and costs (excluding .liabilities. arising from discovery of any Hazardous. Substances vn the Property).. Buyer will furnish to Seller a copy of any test results,.reports.,environmental investigation reports survey, wetland delineation andany other documents prepared with respect. to the Property. Buyer shall retain ownership of any such reports except. as otherwise provided herein. Prior to entry to perform any testing and investigation; Buyer shall give Seller 48 hours advanced. notice. Buyer and any other:companies. engaged by Buyer to inspect, test, survey, etc. shall. carry Commercial geneM liability.insurance, providing. coverage on an "occurrence",.rather than a "claims made" basis, which policy or policies shall include coverage for Bodily Injury, Property Damage and .Personal Injury in current Insurance Services Office form or other form which rovides coverage atleast as broad with a combined policy limit of at least - $$2,(]a4,ppU-Q4 applying to Bodily Injury, Property Damage and Personal Injury; which limit may be satisfied by Buyer's basic policy, or by the basic policy in combination with.umbrella or excess policies so long. as the coverage is at least as broad as (hat required.herein. Such liability, umbrella and/or excess policies may be subject to aggregate limits so long as the aggregate limits have not at any pertinent time been reduced to less than the policy limit stated above; and provided. further that any umbrella or excess policy provides coverage from the point that such aggregate limits in the basic policy become reduced or exhausted. Buyer and any outside companies. engaged to perform inspections, testing, surveying, etc. shall prior to entering upon the. property furnish to Seller a certificate of insurance. narriing`Seller as an additional named insured for liability purposes. The obligations of.Buyer under this entire paragraph (d) shall survive closing and/or termination of :this Agreement. (e) Environmental. Test. Buyer shall complete all testing and inspections .Buyer deems necessary within Forty -Five (45) days of final acceptance of this Purchase Agreement, If Buyer fails to complete said. testing within said time period, ,Buyer shall be deemed to have waived this. contingency. The "Contingency Date" shalt be. Forty -Five (45) days after the final acceptance of the Purchase Agreement by all patties: If any contingency has not been satisfied to Buyer's satisfaction before the Contingency Date, Buyer may terminate this agreement by serving written -notice on Seller prior to midnight of the Contingency Date. If Buyer fails to provide notice of termination on or before midnight.of the Contingency. Date, Buyer shall be deemed to have waived all, rights to terminate this:agreement for an.y.contingency except for lack:of marketable title caused by Seller's actions or anyone associated or related to Seller. In the event that Buyer shall. terminate this Agreement on or before midnight. of the Contingency Date for any of the contingencies. set forth above, the Earnest .Money shall be returned to.Buyer upon providing .Se11er with an affidavit setting -2-