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<br />attempt to do so, then this Agreement shall terminate five (5) business days thereafter unless
<br />Buyer notifies Seller that it has elected to accept the Property subject to the Environmental
<br />Problem, in which event the Closing shall occur ten (10) business days after delivery of such
<br />notice from Buyer. In the evcnt that this Agreement shall terminate under any of the foregoing
<br />provisions of this paragraph, the Option Fee and all other Escrow Funds shall be paid forthwith
<br />to Buyer, as Buyer's sole remedy, whereupon this Agreement shall be terminated and the parties
<br />hereto shall be relieved of all further obligations and liabilities othel than those that expressly
<br />survive termination of this Agreement.
<br />
<br />4.3 Appraisals. Buyer shall have until the end of the Inspection Period to
<br />obtain two appraisals for the Property in accordance with Chapter 166, Florida Statutes. Buyer
<br />shall be entitled to consider the results of such appraisals in deciding whether to exercise the
<br />Option, but the neither the results of such appraisals nor any failure of Buyer to obtain such
<br />appraisals shall be a condition to the performance of Buyer's obligations under this Agreement
<br />nor entitle Buyer to receive a refund of all or any portion of the Option Fcc. Buyer shall provide
<br />copies of the appraisals to Seller after closing,
<br />
<br />4.4 Inspection Procedures and Indemnitv. Buyer shall give Seller reasonable
<br />advance notice of Buyer's inspections of the Property so that Seller, at its option, may have one
<br />of its representatives familiar with the Property accompany Buyer. Buyer agrees that reasonable
<br />precautions shall be taken in connection with such inspections so as to avoid any damage to the
<br />Property and to minimize any disruption to the parties in possession of the Property. Buyer shall
<br />indemnify, protect, defend and hold Seller, Seller's Trustees, officers, tenants, agents, contractors
<br />and its personal representatives harmless from and against any claims, losses, liabilities or
<br />damages resulting from such inspections and from and against any mechanic's liens or claims of
<br />lien resulting therefrom. Such indemnification shall survive the Closing or earlier termination of
<br />this Agreement.
<br />
<br />4.5 Seller's Documents, Seller shall make available to Buyer no later than
<br />twenty (20) days following the Effective Date of this Agrccment, copies of all documents (other
<br />than appraisals) which Seller may have in its possession pertaining to the Property including, but
<br />not limited to, building plans, architectural plans, building permits, impact fee assessments,
<br />notices of special assessments, notices of sewer fees and water fees, unrecorded restrictive
<br />covenants, variance application/approvals, special exception application/approvals, engineering
<br />plans, unrecorded developer agreements, environmental reports, surveys and prior title insurance
<br />policies, title commitments, and title exceptions pertaining thereto, if any. Buyer acknowledges
<br />that Seller has provided Buyer with the Parking Agreement and a recorded restrictive covenant.
<br />
<br />4.6 Confidentialitv. Prior to the Closing Date (and at all times if this
<br />Agreement shall be terminated for any reason), Buyer shall keep confidential all financial,
<br />environmental and other information pertaining to the Property that is not recorded in the public
<br />records (including, without limitation, any summaries or descriptions of such information
<br />prepared by Buyer or its Representatives) (collectively, the "Confidential Information") and shall
<br />not disclose any of such Confidential Information to any person or entity, except that Buyer may
<br />disclose the Confidential Information (i) as and to the extent required by applicable law,
<br />regulation or legal process and (ii) to Buyer's directors, officers, employees, agents, attorneys
<br />and consultants (collectively, the "Representatives") who need to know the Confidential
<br />
<br />Eric Feder
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