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2023-03-13_REVISION - M1977211
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2023-03-13_REVISION - M1977211
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Last modified
3/14/2023 8:42:28 PM
Creation date
3/14/2023 8:58:28 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977211
IBM Index Class Name
Revision
Doc Date
3/13/2023
Doc Name
Request For Succession Of Operator
From
Riverbend Industries Inc.
To
DRMS
Type & Sequence
SO2
Email Name
TC1
MAC
SMS
AWA
Media Type
D
Archive
No
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Prior to Closing. Seller shall provide the'Title Company with any and all <br /> documentation necessary to cure and release(i) any mortgages, security deeds or other <br /> security instruments executed by Seller and encumbering the Land(to the extent the same do <br /> not result from acts or omissions on the part of Purchaser). (ii) any judgments against Seller <br /> (which do not result from acts or omissions on the part of Purchaser) which have attached to <br /> and become a lien against the band, and (iii)all past due ad valorem taxes and assessments of <br /> any kind, whether or not of record, which constitute. or may constitute a lien against the Land. <br /> If Seller does not correct any of the foregoing title conditions. Purchaser may, at its sole <br /> discretion and as its sole remedy, terminate this Agreement and the Parties will have no further <br /> obligations to each other under this Agreement,except as otherwise expressly set forth herein. <br /> 6. SATISFACTORY INSPECTION AND REVIEW; DUE DILIGENCE; <br /> INSPECTION; RIGHT OF ENTRY. Seller and Purchaser expressly covenant and agree <br /> that Purchaser's satisfaction upon the review and inspection provided for herein is a specific <br /> condition precedent to the obligation of Purchaser to purchase the Property. If Purchaser <br /> determines, on or before that date which is ninety (90)days following the Effective Date (the <br /> "Inspection Period"). for any reason or for no reason and in Purchaser's sole discretion, that <br /> the Property is not satisfactory to Purchaser, then Purchaser may elect to terminate this <br /> Agreement by written notice given to Seller and the"Title Company on or before expiration of <br /> the Inspection Period (a"Termination Notice"). To be effective, any such Termination Notice <br /> must be given on or before expiration of the Inspection Period. If Purchaser timely delivers <br /> such Termination Notice within the time period provided herein, then this Agreement will <br /> automatically terminate. the Deposit shall be returned to Purchaser and neither Party shall <br /> have any further rights or liability to the other hereunder,except as hereinafter specifically <br /> provided in this Agreement. Notwithstanding any of the foregoing to the contrary, if <br /> Purchaser fails to timely deliver the Termination Notice prior to expiration of the Inspection <br /> Period,then Purchaser will be deemed to have determined that the Property is satisfactory to <br /> Purchaser in all respects, and this Agreement shall thereafter continue in full force and effect. <br /> and the Deposit shall be forfeited and become non-refundable except in the event of a failed <br /> condition under this Agreement or Seller's breach of its obligations under this Agreement. <br /> To the extent owned by Seller and in Seller's possession, Seller shall,at Seller's <br /> expense, provide to Purchaser copies of any surveys or maps of the Land, plans relating to the <br /> building improvements, and studies and reports regarding the soils, water, or environmental <br /> condition on or under the Land. Purchaser, its contractors. agents. and all others deemed <br /> necessary by Purchaser(collectively,the"Purchaser Agents") shall have the right to enter <br /> upon the Property to perform certain inspections, studies, diligence, mapping, surveying. <br /> physical and environmental inspections,appraisals and other reasonable purposes related to <br /> the transaction contemplated by this Agreement. Commencing on the Effective Date and <br /> continuing during the term of this Agreement until the first to occur of the Closing Date or <br /> termination of this Agreement. Purchaser and the Purchaser Agents shall, upon no less than 24 <br /> hours' advance notice to and approval by Seller. which approval shall not be unreasonably <br /> withheld conditioned or delayed. be permitted to enter upon and access the Property during <br /> normal business hours of 8 a.m. to 5 p.m.. Monday through Friday, for the purpose of <br /> conducting such diligence and inspections as Purchaser may elect and which it deems <br /> necessary to determine the suitability of the Property for Purchaser's intended use. <br /> Prior to its entry upon the Property. Purchaser agrees that it will secure and be covered <br /> by, and will cause all Purchaser Agents to secure and be covered by, not less than $2,000.000 <br /> commercial general liability insurance, insuring all activity and conduct of Purchaser and the <br /> Purchaser Agents while exercising the rights of access set firth herein, which insurance shall <br /> further name Seller as an additional insured and which insurance shall be issued by an <br /> 1,a,llc l U1lcroc7(Uttltact 2a 4 <br />
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