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R2019-24 Resolution Authorizing Real Estate Contract For Property Located In The 200-300 Blocks of East Orchard Street, The 200-300 Blocks of East Marietta Street And The 1000 Block of North Warren Street In The Wabash Crossing Redevelopment Area
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R2019-24 Resolution Authorizing Real Estate Contract For Property Located In The 200-300 Blocks of East Orchard Street, The 200-300 Blocks of East Marietta Street And The 1000 Block of North Warren Street In The Wabash Crossing Redevelopment Area
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Last modified
1/13/2020 11:12:41 AM
Creation date
2/6/2019 9:27:34 AM
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Resolution/Ordinance
Res Ord Num
R2019-24
Res Ord Title
R2019-24 Resolution Authorizing Real Estate Contract For Property Located In The 200-300 Blocks of East Orchard Street, The 200-300 Blocks of East Marietta Street And The 1000 Block of North Warren Street In The Wabash Crossing Redevelopment Area
Department
Econ and Com Dev
Approved Date
2/4/2019
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re�ardin�the condition of the Premises other than the above and Buver a�rees it shall make no <br /> claim a�ainst Seller should any environmental concern be discovered. The provisions of this <br /> paragraph shall survive closing. <br /> 14. Default. Either party's failure to comply with, and/or abide by any material term or <br /> condition of this Contract shall constitute default. In addition to requirements contained <br /> elsewhere in this contract, events of default shall include but not be limited to the following: <br /> (i)Misrepresentation- If any material representation made by the Buyer or the <br /> Seller in this Agreement, or in any certificate, notice, demand or request made by <br /> the Buyer or the Seller in writing and delivered to the other party pursuant to or in <br /> connection with any of said documents shall prove to be untrue or incorrect in any <br /> material respect as of the date made; or <br /> (ii)Breach-Breach by the Buyer or the Seller of any material covenant,warranty <br /> or obligation set forth in this Agreement. <br /> Remedies Upon Default. In the case of an Event of Default by either party hereto or any <br /> successors to such party, such party or successor shall, upon written notice from the other <br /> party,take immediate action to cure or remedy such Event of Default within sixty(60) <br /> days after receipt of such notice (or within a reasonable time if the Event of Default <br /> cannot be diligently cured within such sixty(60)day period). If, in such case action is <br /> not taken, or not diligently pursued, or the Event of Default shall not be cured or <br /> remedied within a reasonable time,the aggrieved party may institute such proceedings as <br /> may be necessary or desirable in its opinion to cure or remedy such Event of Default, <br /> including but not limited to, execution and recording of deed by Seller as specified in <br /> paragraph 3 A 7 of this agreement and/or initiating proceedings to compel specific <br /> performance by the party in default of its obligations. <br /> 14. Assi ng�ment•Neither Seller nor Buyer may assign this Agreement or any interest in <br /> the Premises without the prior written consent of the other. The terms of this agreement and shall <br /> be binding on the parties,their respective successors, personal representatives,heirs and assigns. <br /> 15. Miscellaneous <br /> (a)This Contract shall be void if not fully executed within sixty(60)days following <br /> contract approval by the Decatur City Council. <br /> 8 <br />
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