2002-09-17_REVISION - M2001085 - Laserfiche WebLink

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construction or hauling activities. This indemnity includes Seller's right to recover all costa and expenses incurred by Seller to enforce this subsccdon, including Seller's reasonable attorney's feES. The provisions of this subsection shall survive the termination of this contract. Buyer agrees to pay to Seller $15,000 per month for the access casement for its duration. The fu•st installment shall be payable upon the date of acquisition of the Other Property and shall continue monthly on the same day of each month thereafter until the Closing Date or the date of termination of the contract, whichever occurs first. The payments tot the access easement aze nonrefimdable and a payment will no[ be apportioned even if the contract terminates less than a monW after ffie date of such payment. 1-lowcvcr, if this contract closes, all payments received by Seller shall be applied to the cash portion of the Purchase Price due at Closing. If an access easement payment is not received by Seller within five (S) days of its due date, Seller, at i?s election, may tertninate the access easement and the contract.. Buyer acknowledges that at or grior to the closing of the Other Property, the owner of the Other Property will grant to Seller a perpetual access easement over and across the Other Property for the benefit of the Property for ingress and egress to and from East 120'" Avenue for roadway, pipeline, and any type of utility conduit puryoses for the present and any future uses whatsoever of the Property, Such access easement shall be exclusive to Seller and alt subsequent owners of the Property; provided, however, Sella may permit Buyer to use such access easement for the hauling of sand and gravel Concurrently with Buyer's use of the access easement granted by Seller to Buyer across the Property as long as such use of the Other Property access easement by Buyer does not impair or interfere in any manner whatsoever with Seller's use of, rights concerning, or enjoyment of the Property or the Orher Property access easement pending the Closing of this contract. The location of such access easement on the Other Property shall be subject to the approval of Buyer, which approval shall not be unreasonably' withheld. Buyer agrees to purchase the Other Property subjeu to such access easement. h. Property Documents. Seller shall provide to Buyer, at no cost or expense, all '~ documents related to the subdivision process generated at or before the time of MEC. i. Calends{ Days/business Davs. As used in this contract, the tetra "calendaz days" shall be deemed to mean each and every day of the calendar year. The term "business days" shall be deemed to mean each and every day of the calendar year, excluding Saturdays, Sundays, and Federal or State holidays. In the event any date called for herein falls on a Saturday, Sunday cr Federal or State holiday, said date shall be extended to the next business dey following such Saturday, Sunday or Federal or State holiday, j. MEC. As used in this contract, tbe term "MEC" shall be defined as mutual execution of this contract. k. 'W'aiver. The waiver of a breach of any provision of this wntract shall mot be construed as a waiver of any subsequent breach. Failure to exercise any right or remedy promptly after a breach of this contract shall not be deemed a waiver of ute nottdefaulting party to enforce its right or remedy as set forth in this contract or as may be available to it at law or in equity. No waiver shall be valid unless it is in writing and signed by the parry giving the waiver. :Tit AAA.,,9,n~ hss rat tiedr approved ~y tIK Cdorsao ReW Psme Co,we:stlon It va9 prepared lry ttQal c~uasel fm use Ey FWkr vtl CnmpsRy. Buyer Pa~c 3 Seller