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6.A.(1) Resolution No. 2631
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12/18/09 Meeting
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6.A.(1) Resolution No. 2631
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12/15/2009 3:42:36 PM
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(c) The Owner has not received any written or, to the best of Owner"s <br />knowledge, any oral communications from any Governmental Authority <br />informing the Owner of any investigation being or to be conducted by a <br />Governmental Authority with regard to the release or threatened release of <br />a hazardous substance to, at or from the Property. <br />(d) No environmental lien has attached to or been asserted against all or any <br />portion of the Property. <br />(e) To the best of Owner's knowledge there are no underground storage tanks <br />on the Property. <br />B. Notwithstanding anything to the contrary herein, the City agrees it shall not hold <br />the Owner liable for any remediation costs or expenses incurred by the City in connection <br />with any voluntary remediation undertaken by the City at the Property. <br />The Owner acknowledges that he has conducted his ovum due diligence and acknowledges <br />that the Purchase Price is fair and reasonable and waives any right that he may have to an <br />appraisal or to contest or challenge the validity of compensation received under this <br />Purchase Agreement. <br />6. This Purchase Agreement embodies the entire agreement between the parties and cannot <br />be varied except by the written agreement of the parties. No representation, promise or <br />inducement not included in this Agreement shall be binding upon the parties hereto. <br />All the terms and conditions of this Purchase Agreement are hereby made binding on the <br />successors and pernlitted assigns of both parties hereto. <br />This Purchase Agreement shall be governed by and construed in accordance with the <br />laws of the State of Indiana and venue for any action shall be St. Joseph County, Indiana. <br />9. This Purchase Agreement shall not be effective or binding until fully executed by the <br />parties hereto. This Purchase Agreement maybe executed in counterparts. <br />10. This Purchase Agreement will survive closing. <br />
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