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2003-04-17_REVISION - M2001090
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2003-04-17_REVISION - M2001090
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Last modified
6/15/2021 2:45:17 PM
Creation date
11/21/2007 11:03:23 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2001090
IBM Index Class Name
Revision
Doc Date
4/17/2003
Doc Name
Completeness
From
Lafarge West Inc.
To
DMG
Type & Sequence
AM1
Media Type
D
Archive
No
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(b) Title Insurance. Promptly after the Closing Date, and based upon the Title <br />Commitment described in Pazaaraph 5.3(a), Seller shall provide Purchaser with a title insurance <br />policy ("Title Policy"), issued by the Title Company, in a form customary for similar closings <br />within the State of Colorado, agreeing to guarantee the record title to Parcel 2 to be good and <br />marketable in Purchaser in the amount of the Purchase Price of Pazcei 2 subject only to the <br />exceptions acceptable to Purchaser in accordance with Paragraph 5.3(a) (the "Pemutted <br />Exceptions"). Seller shall pay the cost of the Title Policy at closing, and the Title Policy shall be <br />provided to Purchaser as soon as it becomes available. <br />(c) Possession. Seller shall deliver possession of Parcel 2 to Purchaser on the <br />Closing Date. <br />3.3 Purchaser's Closine Obligations. At Closing the Purchaser shall cause to be <br />delivered to Seller: <br />(a) Initial Purchase Price Pavment. The portion of the Purchase Price due at <br />Closing pursuant to Paragraph 2.2(a), after accounting for closing adjustments, prorations and <br />costs; and I:iECEIVED <br />APR 17 2003 <br />Division of Minerals and Geology <br />ARTICLE TV. ` <br />PRE-CLOSING RIGHTS TO SUBJECT PROPERTY <br />4.1 Purchaser's Right of Entrv. During the period from the Effective Date until and <br />including the Closing Date or the date that the Option lapses without exercise by Purchaser, <br />Purchaser shall have the .right, from time to time, at Purchaser's sole cost, expense, risk and <br />hazard, all in such manner as Purchaser may reasonably determine, to enter upon Parcel 2, to <br />make, or cause to be made, inspections and engineering, environmental and other studies, <br />including without limitation, surveying,. conducting test borings and other surface and/or <br />subsurface soil ar groundwater sampling in order to determine reserves, soil conditions, possible <br />environmental impact or potential liability for remediation, cleanup or removal of any hazazdous <br />substances or materials in compliance with environmental laws or regulations, conducting <br />environmental audits of Parcel 2 and any other testing occasioned by the results of such audits <br />and, in general, conducting other soil tests, analyses and studies of Pazcei 2 and any inspections <br />deemed necessary by Purchaser relating to any improvements or fixtures located on Pazcei 2. If <br />any of the activities conducted by Purchaser on Parcel 2 cause damage or injury to Parcel 2 <br />Purchaser -shall restore the property to its original condition or shall compensate Seller for the <br />reasonable value of such damage or injury to the property or assets if for any reason the purchase <br />and sale of Pazcel2 does not close. Purchaser shall not, by its actions, allow any mechanics liens <br />to attach to Parcel 2. If Purchaser deems any matter found by such inspection to be <br />unsatisfactory to Purchaser in its sole discretion, Purchaser may give Seller notice of such matter <br />within sixty (60) days after the Exercise Date. If Seller and Purchaser do not reach agreement as <br />- 6- <br />~ ~L . <br />f~~f~~ ~, ..y. , . <br />Y1fL`L ~. <br />
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