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LA 8.14.08 Amazon HW Green
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LA 8.14.08 Amazon HW Green
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Last modified
2/6/2009 9:49:22 AM
Creation date
1/9/2009 9:34:55 AM
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PW_Capital
PW_Document_Type_Capital
Invoices-Payments & Receivables
PW_Active
Yes
External_View
No
GL_Project_Number
975222
Identification_Number
2009002731
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13.3 Authority. Na consents, documents, or approvals that have not been obtained are <br /> necessary to the effectiveness of this. Agreement <br /> 13.4 Contracts-and leases. Except as hereinafter specified, Seller warrants and <br /> represents to City that there are na lease agreements, maintenance contracts, service agreements, <br /> or other contracts of any natuxe that pertain to, cover, or affect the Property or any part of it. <br /> As used herein, the phrase "to the knowledge of Seller" or any variation ofthat phrase <br /> shall refer to matters within the actual knowledge of Seller and shall not include constructive or <br /> imputed notice or knowledge; and the use of that phrase shall not imply that Seller has <br /> undertaken any special intluiry or investigation with respect to the representation mod~ed by <br /> such phrase, unless circumstances within the actual knowledge of Seller would warrant a <br /> j reasonable person to uazdertake further inquiry when presented with similar circumstances. <br /> 14. Binding Effect/Assignnnent Restricted. This Agreement is binding on and will <br /> inure to the benefit of Seller; $uyer, and their respective heirs, legal representatives, successors, - <br /> and assigns. Nevertheless, Buyer will not assign its rights under this Agreement. <br /> 15. Remedies. In the event this transaction does not Close as required herein, both <br /> Buyer and Seller shall arty and all rights available at law or in equity, including the right of <br /> specific performance on behalf of the Buyer. <br /> 16. Real Cstate COI111niSSiOn. Neither Party is represented by.a real, estate broker. <br /> Each Party agrees to indemnify the other Patty. against any claims for commissions or fees <br /> asserted by any broker claiming by, through, or under the indemnifying Party. <br /> 17. Risk of Loss, City shall bear the risk of all loss or damage to the Property from <br /> all causes except.those caused by Green. All interest of Green in-and to any insurance proceeds <br /> or condemnation awards that may be payable to Green on account of a casualty or condemnation <br /> shall be assigned to City at closing. <br /> 18. Integration, Modification, or Amendments. This. Agreement and tl~e Land . <br /> Contract contain the entire agreezx~ent of the Parties with respect to the Property and supersedes <br /> all prior written and oral negotiations and agreements with respect to the Property. Any <br /> modifications, changes, additions, or deletions to this Agreement mast be approved by Green and <br /> City, in writing. <br /> 19. Representation. Green and City have each been represented by separate legal <br /> counsel of choice or have been afforded the opportunity to represent by separate legal counsel of <br /> choice with respect to this transaction. Except as otherwise provided herein, each;Party shall be <br /> responsible for all attorney fees incurred. by it with respect to this Agreement. <br /> ` ! Z0. Counterparts; I'ronauns. This Agreement may be executed in one or more. <br /> counterparts, all of which shall be considered one and the same Agreement and shall be effective <br /> <br /> . when one or more counterparts have been signed and delivered by Green and City. With respect <br /> <br />
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