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R2019-73 Resolution Amending the 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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R2019-73 Resolution Amending the 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 11:12:40 AM
Creation date
5/7/2019 5:52:47 PM
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Resolution/Ordinance
Res Ord Num
R2019-73
Res Ord Title
R2019-73 Resolution Amending the 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
5/6/2019
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re ardin�the condition of the Premises other than the above, and BuYer a�rees it shall make no <br /> claim a�ainst Seller should an�environmental concern be discovered. The provisions of this <br /> paragraph sha11 survive closing. <br /> l4. Default.Either party's failure to comply with,and/or abide by any raaterial 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 docaments shall prove to be untrue or incorrect in any <br /> material respect as ofthe date made;or <br /> (ii)Breach-Breach by the Buyer or the Seller of any materiat 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 ta.ken,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 rernedy 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 andlor initiating proceedings to compel specific <br /> performance by the party in defauit of its obligations. <br /> 14. Assignment.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 /> l5. Miscellaneous <br /> (a)This Contract shall be void ifnot fully executed within sixty(60)days following <br /> contract approval by the Decatur City Council. <br /> 8 <br />
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