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possession or which are reasonably available to Seller, including without limitation any CC&Rs
<br />affecting the Property, surveys, studies, reports and investigations concerning the Property's
<br />physical, environmental or geological condition, habitability, or the presence or absence of
<br />Hazardous Materials in, on or under the Property and the compliance by the Property with
<br />Environmental Laws (as defined in Exhibit C).
<br />14. Right of Entry. Prior to close of escrow, Buyer and Buyer's employees and agents
<br />shall have the right, upon reasonable notice to Seller, to enter upon the Property for the purpose
<br />of inspecting, examining, surveying and reviewing the Property. Buyer's inspection,
<br />examination, survey and review of the Property shall be at Buyer's sole expense. Buyer shall
<br />obtain Seller's advance consent in writing to any proposed physical testing of the Property by
<br />Buyer or Buyer's agents, which consent shall not be unreasonably conditioned, withheld or
<br />delayed. Buyer shall repair, restore and return the Property to its original condition after such
<br />physical testing, at Buyer's sole expense. Buyer shall schedule any such physical tests during
<br />normal business hours unless otherwise approved by Seller. Buyer agrees to indemnify Seller
<br />and hold Seller harmless from and against all liability, loss, cost, damage and expense (including,
<br />without limitation, reasonable attorney's fees and costs of litigation) resulting from Buyer's or
<br />Buyer's agents entry upon the Property, except to the extent that such liability, loss, cost, damage
<br />and expense arises as a result of the negligence or other wrongful conduct of Seller or its agents.
<br />L5. Seller's Conditions to Closing. The close of escrow and Seller's obligation to sell
<br />the Property pursuant to this Agreement are conditioned upon: (i) the performance by Buyer of
<br />each obligation to be performed by Buyer under this Agreement within the applicable time
<br />period, or waiver by Seller of such obligation; and (ii) Buyer's representations and warranties
<br />contained in this Agreement being true and correct as of the Effective Date and the close of
<br />escrow.
<br />16. Seller's Representations and Warranties. `The Parties agree that except as set forth
<br />in this Agreement, neither Seller nor any agent or representative of Seller has made any
<br />representations or warranties regarding the Property, including without limitation any
<br />representations or warranties concerning the Property's physical condition, access, zoning laws,
<br />environmental matters, utilities, physical equipment or fixtures on the Property, or any other
<br />matter affecting the Property or the use of the Property; and Buyer has not relied and will not
<br />rely on any implied warranties, guaranties, statements, representations, or information about the
<br />Property, whether made by Seller or any agents or representatives of Seller except as set forth in
<br />this Agreement. Buyer has examined the Property, is familiar with its physical or environmental
<br />condition and accepts the Property in its "as is" condition. Buyer reserves the right to perform a
<br />standard Phase I and Phase II environmental review and analysis of the Property.
<br />Seller hereby represents and warrants that except as disclosed in writing to Buyer, as of
<br />the Effective Date and as of the close of escrow: (i) the Property is free and has always been free
<br />of Hazardous Materials and is not and has never been used in violation of any Environmental
<br />Law; (ii) there are no buried or partially buried storage tanks located on the Property; (iii) Seller
<br />has received no notice, warning, notice of violation, administrative complaint, judicial complaint,
<br />or other formal or informal notice alleging that conditions on the Property are or have ever been
<br />in violation of any Environmental Law or informing Seller that the Property is subject to
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