R2003-20 AUTHORIZING AGREEMENT - Laserfiche WebLink

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5. At the time of Closing, Buyer will be immediately entitled to connect into all utilities, including electricity, telephone, gas, water (fire and domestic), storm and sanitary sewer, upon payment of only the usual and customary connection fees. 6. The Title Company shall be unconditionally prepared to issue to Buyer upon completion of the Closing the "Title Policy" (as defined in Section 9.6 below). 7. The SDA and OEA, in the form approved by Buyer and Seller in accordance with Section 5.1 above, shall have been executed by Seller and all , other parties thereto, and shall be in recordable form, where appropriate. B. If any of the conditions set forth in this Section 5.2.are not satisfied to the satisfaction of Buyer, in Buyer's reasonable discretion, on or before January 31, 2004 then Buyer may, at its sole option,terminate this Agreement by giving written notice to Seller at any time after January 31, 2004 and prior to the Date of Closing. Upon such termination,both parties shall be released from all duties and obligations under this Agreement,except as otherwise provided in this Agreement.The conditions set forth in this Section 5.2 are for Buyer's sole benefit, and Buyer may, in its sole and absolute discretion, waive (conditionally or absolutely) the fulfillment of any one or more of the conditions, or any part thereof. Seller shall not take or authorize, directly or indirectly, any action that modifies or changes the circumstances upon which the conditions set forth in this Section 5.2 were deemed satisfied or waived by Buyer. SECTION 6 - PLATTING. If, in order for Buyer to record the Deed (as defined in Section 12.1 below) or develop the Property as contemplated, or in order to legally separate the Property from the balance of the Shopping Center Tract, or in order to establish the Property as a separate tax parcel, the Property must be platted or subdivided, either separately or in conjunction with other land, Seller,at its sole cost and expense,shall cause such platting or subdivision requirement to be ' satisfied. Seller,with Buyer's assistance,shall use its best efforts and all due dili ence to com lete 9 P ' the procedure as quickly as possible. If, as a result of such platting or subdivision, the legal description of the Property is modified, Seller shall cause the Survey and the Commitment to be updated to reflect such modification. 6 ::ODMA\PCDOCS\NEWARI(�617546\3 February 12,2003