R2003-20 AUTHORIZING AGREEMENT - Laserfiche WebLink

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provided in Section 7.2 hereof. The terms of this Section 7.3 shall survive Closing or termination of this Agreement, as the case may be. 7.4 Soil, rock,water,asbestos,and other samples taken from the Property shall remain the property of Seller. At Seller's request, Buyer will cooperate with Seller with respect to Seller's decisions regarding the lawful disposal of any contaminated samples, provided Seller pays any related transportation or disposal fees and Seller signs the manifests and any other documents required in connection with the disposal of contaminated samples. If Seller is notwilling to pay such disposal costs and sign the required documentation, Buyer's only obligation with respect to contaminated samples shall be to return the contaminated samples to Seller. The terms of this Section 7.4 shall survive Closing or termination of this Agreement, as the case may be. 7.5 Any investigation or inspection conducted by Buyer or any agent or representative of Buyer pursuant to this Agreement in order to verify the satisfaction of any condition precedent to Buyer's obligations hereunder,or to determine whether Seller's representations and warranties are true and accurate, shall not affect (or constitute a waiver by Buyer o� any of Seller's obligations, representations or warranties under this Agreement or Buyer's right to rely thereon. SECTION 8.1 - CPR PREPARATION Seller has, at Seller's cost and expense, (i) prepared and submitted for Buyer's approval, design development drawings required under the SDA (the "Development Guidelines")prepared in accordance with Buyer's standard Developer Guide(Edition 2.1), (ii) prepared a Capital Project Request booklet, containing environmental and geotechnical reports, preliminary site improvement plans, on-site and off-site cost estimates, a summary of the governmental approval process, a projected construction schedule for the Site Improvement Work (as defined in the SDA) and the Scope Notes included therein (collectively, the "CPR Book"), and (iii) attended a meeting at Buyer's offices (the "CPR Meeting") on January 9, 2003. SECTION 8.2 -APPROVALS AND PERMITS. A. Buyer shall, at its sole cost and expense, promptly file applications and petitions for all special use permits, variances, platting and subdivision, and other forms of governmental 8 ::ODMA\PCDOCS\NEWARIC�617546\3 February 12,2003