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6C 2
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06-14-11 Packet
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6C 2
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11/1/2012 2:27:12 PM
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6/10/2011 12:43:56 PM
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agreements, proposals and understandings. This Agreement shall not be orally <br />amended, modified, superseded, or cancelled, it being specifically understood that <br />any of the terms, covenants, representations and conditions contained herein may <br />be amended only by written instrument executed by all parties. <br />(c) Binding Effect: The covenants and conditions herein shall bind and inure to the <br />benefits of the executors, administrators, successors and assigns of the respective <br />parties. <br />(d) Assignment: This Agreement may be assigned by Purchaser to any entity in <br />which James Dally has a controlling ownership interest without the consent of the <br />Seller. Other assignments may not occur without the consent of Seller, with such <br />consent not being unreasonably withheld. <br />(e) Counterparts: This Agreement may be executed in counterparts each of which <br />may be deemed an original, and all such counterparts together shall be deemed <br />one and the same agreement. <br />(f) Survival: All warranties, covenants and representations made herein shall survive <br />closing. <br />BROKERS. Neither Seller nor Purchaser has engaged a real estate broker in regards to <br />this transaction and specifically disclaims any liability for a broker's commission. <br />20. CONFIDENTIALITY. The parties agree that the specific business terms of this <br />Agreement are subject to the Indiana Open Door Law. <br />21. ADVICE OF COUNSEL. This Agreement has been drafted for submission to Seller <br />and Seller's attorney. All parties involved in a real estate transaction should seek the <br />advice of legal counsel before entering into any agreement; to determine the <br />marketability of title; understand possible tax consequences; to ascertain that the terms <br />of the sale are adhered to before the transaction is Closed; and to obtain advise with <br />respect to all notices related to this Agreement. Purchaser and Seller acknowledge the <br />importance of advice from counsel and expressly acknowledge that they have been <br />provided full opportunity to seek the advice of counsel. Moreover, this Agreement has <br />been the result of substantial negotiations between the Parties and they are fully aware <br />of its contents and of its legal effect. Accordingly, this Agreement will not be <br />construed against any party on the grounds that such party drafted this Agreement. <br />Instead, this Agreement will be interpreted as though drafted equally by both parties. <br />The parties enter into this Agreement freely and voluntarily and with a full <br />understanding of its terms. <br />22. SECTION 1031 TAX - DEFERRED EXCHANGES. Upon either party's request, the <br />other party shall cooperate and reasonably assist the requesting party in structuring the <br />10 <br />
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