2003-04-17_REVISION - M2001090 - Laserfiche WebLink

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(b) Copies of Documents. Seller shall also deliver to Purchaser copies of all existing surveys, plans, abstracts, reports or other documents in Seller's possession or control relating to Pazcel 2 within 30 days after the Effective Date, Purchaser shall then have 30 days after the Exercise Date to object to any matter revealed thereby, and any matter objected to shall be deemed an additional Title Defect. All such documents shall be delivered t~ECE~ ~/E Mr. Gary Tuttle Land and Resource Manager Lafazge West, Inc. 1590 W. 12`h Avenue Denver, Colorado 80204 APR 17 2003 Division ~f Minerals and Geology (c) Surve . After the Title Commitment and Title Documents have been delivered to Purchaser pursuant to Paragraphs a. and b. above, Purchaser shall have the right to cause an ALTA survey of the Subject Property (the "Survey") to be completed within 60 days after receipt of all Title Documents and, if Purchaser elects to obtain such Survey, Purchaser agrees to pay the cost thereof. If any title matters unsatisfactory to Purchaser are revealed by the Survey, they shall be reported promptly in writing to Seller and shall be treated as Title Defects to be cured or, at Purchaser's option, waived prior to Closing in the same manner as other Title Defects. 5.3 Conditions to Parcel 2 Closinu. There shall be no right or obligation of Purchaser to purchase Parcel 2 if the Option is exercised unless the Closing of Pazcel 1 occurs previous to or simultaneously with Closing for Parcel 2. 5.4 Failure of Conditions. If any of the foregoing conditions in this Article V are not fulfilled or if unsatisfactory matters revealed in the inspection are not resolved pursuant to Section 4.1 within the time required, then, at the option of Purchaser, this Agreement shall terminate and, unless such failure of condition also constitutes a breach of this Agreement by Seller or Purchaser, the parties shall thereafter have no obligation to each other with the exception of that set forth in Section 5.2(a}. Failure of any condition with respect to Parcel 2, if -the Option has been exercised, shall constitute a failure of that condition as io Parcel 1 also unless occumng after the Closing for Parcel 1. ARTICLE VI. CLOSING 6.1 Conditions Met. If, on the Closing Date, -the Closing Agent notifies the parties that . the Title Company is prepared to issue a Title Policy acceptable to Purchaser, this transaction shall be closed in accordance with the terms and provisions set forth in this Agreement. 6.2 Title Defects. If, however, on or before the Closing Date the Closing Agent notifies Purchaser that the Title Company will not issue a Title Policy due to the fact that Seller have not cured any Title Defects, which Title Defects shall not have been waived by Purchaser, the - 9- ~- %" -l ~' ~~~