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(a) Status. Buyer is a Washington municipal corporation. <br /> (b) Authority. This Agreement and any documents to be executed by <br /> Buyer at Closing have been duly authorized, executed and delivered by Buyer and are <br /> binding on and enforceable against Buyer in accordance with their terms. Buyer has <br /> obtained all authorizations or approvals necessary for Buyer to enter into and perforin <br /> its obligations under this Agreement. The person signing this Agreement on behalf of <br /> Buyer has the legal power, right and actual authority to bind Buyer to the terms and <br /> conditions of this Agreement. <br /> 8.4 General Provision Regarding Warranties and Representation. If,prior to <br /> Closing, either Buyer or Seller discovers a fact or circumstance that might render a <br /> representation or warranty inaccurate in any material respect as of the Effective Date, it <br /> shall within five (5) days of such discovery advise the other party thereof in writing. If <br /> Buyer has actual knowledge before Closing of the falsity of any representation or <br /> warranty of Seller, and Buyer closes the purchase of the Property, Buyer shall be <br /> deemed to have waived all rights against Seller in connection with such falsity or <br /> breach. <br /> ARTICLE IX. LOSS BY CONDEMNATION • <br /> 9.1 Taking by Condemnor Other than Buyer. In the event that all or any <br /> material portion of the Property is the subject of a taking or condemnation under the <br /> provisions of eminent domain law, other than by Buyer, after the Effective Date but <br /> prior to the Closing Date, Buyer may terminate this Agreement and the Earnest Money <br /> shall be returned to Buyer. If Buyer does not elect to terminate this Agreement,then the <br /> Purchase Price shall not be reduced, but Seller shall assign to Buyer its rights to any <br /> condemnation proceeds resulting from such taking and shall not make any settlements <br /> without Buyer's prior written approval. <br /> 9.2 Taking by Buyer as Condemnor. If the Buyer files a petition for <br /> condemnation of the Property in the Superior Court of Snohomish County, State of <br /> Washington, prior to the expiration of the Inspection Period, then this Agreement <br /> automatically terminates, and the Earnest Money shall be returned to Buyer. If the <br /> Buyer files a petition for condemnation after satisfaction of the the Inspection Period <br /> contingency and this Agreement has not been otherwise terminated, then this <br /> Agreement automatically terminates, and, unless Seller is in default hereunder, the <br /> Earnest Money shall be delivered to Seller. <br /> 12 <br /> 105 <br />