2017 06-06 PC PACKET - Laserfiche WebLink

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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 theDaniels Pain 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 claims and liabilities relating. to. the Buyees.activides including Seller's attorney's fees and costs (excluding liabilities arising from discovery of any Hazardous Substances on the Property). Buyer will famish to Seller a copy of any test results, reports, environmental investigation reports :survey, wetland delineation and any 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 4.8 hours advanced notice. Buyer and any other companies engaged by Buyer to inspect, test, survey., etc. shall carry Commercial general liability insurance; providing coverage onan occurrence rather than a "claims made" basis which policy or policies shall include coverage. forBodily'Injtzry, Property Damage and Personal Injury in current Insurance Services form or other form which rovides coverage at, least as broad with a. combined. policy hinit.of at least 2,000,000.GO applying to Bodily Injury, Property Damage and Personal Injury, which limit maybe 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 that 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 tivnal named insured for liability certificate. of. insurance naming Seller as an,addi purposes. The. obligations of Buyer under this entire paragraph .(d) shall survive closing andtor termination :of this. Agreement, (e) Environmental Testing. Buyer shall complete. all testing and inspections Buyer deems. necessary within Forty -Five (45). days of final acceptance .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' shall be Forty -Five (45) days after the final acceptance of the Purchase Agreement by all parties. If any contingency has not been satisfied to Buyer's satisfaction before the Contingency Date, Buyer may terminate this agreement by serving Writtennotice on Seller prior to midnight of the Contingency Date. If Buyer faiis 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. any 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 Seller with an affidavit setting -2-