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2011/01/12 Council Agenda Packet
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2011/01/12 Council Agenda Packet
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Council Agenda Packet
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1/12/2011
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Buyer has inspected the property and subject to Snohomish County Conservation <br /> Futures funding agrees to purchase and accept the property "as-is" provided Seller is <br /> not in breach or default of any of the terms or conditions of this Agreement. <br /> 7.2 Delivery of Seller's Information. Within five (5) days after the date <br /> hereof, Seller shall deliver to Buyer the following documents, if any, in Seller's <br /> possession or control: <br /> a) copies, if any, of reports of hazardous materials investigations, soils reports, or <br /> environmental assessment reports with respect to the Property ; <br /> b) copies of any existing and proposed easements, covenants, restrictions <br /> affecting the Real Property; <br /> c) copies.of all surveys relating to the Real Property if any; <br /> d).all leases relating to the Property; <br /> e) all labor contracts relating to the Property if any; <br /> f) all notices, if any, regarding any existing or threatened litigation affecting the <br /> Property. <br /> 8. Indemnification by Seller.{tc 1l 3 "0.0.1 Indemnification by Seller"} <br /> Seller shall be responsible to Buyer for, and shall defend, indemnify, and hold Buyer <br /> harmless from and against loss, damage, liability, cost or expense (including, without <br /> limitation, reasonable attorneys' fees, legal expenses and consultant's fees), that shall <br /> be suffered by Buyer, resulting from or relating to: (i) claims or demands made by third <br /> parties against Buyer with regard to Seller's ownership, management, or use of the <br /> Property prior to and including the Closing Date, including without limitation any claims <br /> and liabilities for personal injury or property damage, or any other liability, obligation or <br /> commitment of Seller (whether known or unknown, fixed or contingent, due or to <br /> become due) not expressly assumed by Buyer under this Agreement; or (ii) any breach <br /> of any of the representations or warranties of Seller contained in this Agreement <br /> (including, without limitation, any schedule, certificate, exhibit or other instrument <br /> delivered or to be delivered by Seller pursuant to this Agreement); or (iii) Hazardous <br /> Materials on the Property prior to the Closing Date. <br /> 9. Seller's Representations and Warranties. In addition to other <br /> representations herein, Seller represents and warrants to Buyer as of the date hereof <br /> and as of the date of closing that: <br /> 9.1 Authorization. All requisite action has been taken by Seller in <br /> connection with entering into this Agreement, the instruments referenced herein, and <br /> the consummation of the transaction contemplated hereby. Seller has the right, power <br /> and authority to execute, deliver and perform this Agreement without obtaining any <br /> consents or approvals from, or the taking of any other actions with respect to, any third <br /> parties. This Agreement, when executed and delivered by Seller and Buyer, and all <br /> documents executed by Seller pursuant hereto, will constitute the valid and binding <br /> 6 <br /> / / %1 /9 /72 //A <br />
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