R2003-20 AUTHORIZING AGREEMENT - Laserfiche WebLink

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SECTION 7 - BUYER'S INVESTIGATION AND INSPECTIONS. 7.1 Buyer has, prior to the Effective Date of this Agreement, performed certain investigations and studies of the Property. Seller agrees that it will not take or authorize,directly or indirectly, any action which modifies or changes the conditions and circumstances found to exist during Buyer's investigation of the Property prior to the Effective Date of this Agreement without Buyer's prior written consent. Seller hereby grants to Buyer,its employees,agents,consultants and contractors, the continuing right to enter onto the Property and, to the extent necessary, onto any other part of the Shopping Center Tract or other adjacent land owned by the Seller,for the purpose of performing such surveys, soil tests, hydrology tests, percolation tests, environmental tests, and other engineering tests or environmental investigations which Buyer may reasonably deem appropriate. 7.2 Within ten (10) days after the Effective Date, Seller shall deliver to Buyer any information (for example,any surveys, plans, reports,test results, permits or tank registrations,and title policies) Seller has within its control regarding the Property and Shopping Center Tract including, without limitation, relating to the environmental condition and/or any subterranean structures or utilities which may be present on the Property and Shopping Center Tract . Seller agrees that following said initial submission of information to Buyer, throughout the term of this Agreement Seller shall continue to deliver to Buyer all such information obtained by Seller or within Seller's control promptly after Seller receives or obtains control over the same. Seller understands that Buyer needs this information in order to properly evaluate the Property,and to avoid damaging underground structures and utilities, and to avoid causing, contributing to or exacerbating the release of a Hazardous Material in the course of its investigations. 7.3 Buyer agrees to pay all of the costs and expenses associated with its investigation and testing and to repair and restore, at Buyer's expense, any damage to the Property caused by Buyer's investigations or testing. Buyer also agrees to hold the Seller harmless from all costs, expenses and liabilities arising out of Buyer's negligence or willful misconduct or that of its employees, agents, consultants or contractors in performing its evaluation of the Property, except that Buyer shall have no responsibility to Seller,and Seller hereby releases Buyer from liability for any damage to persons or property or any release arising out of existing environmental conditions or subterranean structures or utilities that were known to the Seller and not disclosed to Buyer as 7 ::ODMA\PCDOCS\NE WARIC�617546\3 February 12,2003