6.C.(4) Resolution No. 2503 - Laserfiche WebLink

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Seller shall be responsible for demolishing the improvements located on the Properly, and Seller shall be required to dispose of any asbestos as a result of demolition. Seller will obtain approval for any demolition and/or removal of asbestos from Indiana Department of Environmental Management ("IDEM") or any other local, state, or federal governmental agency required to approve such action. 8. Title Insurance Commitment and Policy. At the Closing, a Policy of Title Insurance or an endorsement to the Title Commitment shall be issued to Purchaser insuring Purchaser's fee simple interest in the Property, as of the date of Closing, subject only to the exceptions stated in paragraph 4 above, and subject only to standard printed exceptions normally contained in Title Insurance Policies issued by the Title Company. Purchaser and Seller shall share equally all charges and costs of such Title Insurance Policy. If Seller shall not have corrected defects in marketable title or if the title insurance issuer shall refuse to accept such corrective material and to insure against such connective material, Purchaser shall have the option either to declare this Contract to be null and void or to waive such defects as a basis for such rescission and to proceed with consummation of the sale notwithstanding such defects. 9. Removal of Seller's Property. On or before Closing, or subsequent to Closing, in a time frame satislactory to Purchaser, Seller shall have demolished at no expense to Purchaser, except as desc;ribcd in Paragraph 7 above, all equipment, personal property, and other items of any kind or nature from the Property. Any fixtures, equipment or personal property not removed by the Closing Date or a later date satisfactory to Purchaser shall be deemed to be abandoned and Seller hereby agrees to indemnify, defend and hold the Purchaser harmless for the removal and disposal of any equipment or personal property in or on the Property, whether such items are owned by the Seller or athird-party. 10. Remedies Upon Default. If Seller or Purchaser breaches or defaults any of the terms of this Contract, the remedies available to Seller or Purchaser are all those available at law or equity. l 1. Notices. All notices, elections, requests, and other communications hereunder shall he in writing and shall be deemed sufficiently given ifpersonally delivered or when deposited in the United States mail, certified or registered postage prepaid, or when delivered to a nationally recoguiz_ed overnight courier service with guaranteed next business day delivery and addressed as Collows (or to such other person, or to such other address, of which any party hereto shall have given written notice as provided herein): Seller Dcister, L.L.C. c/o Joseph Grabill, Registered Agent 24] 0 N. Grape Road, Suite 1 Mishawaka. IN 46545 Purchaser Donald E. Inks, Director Department of Redevelopment City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1200 South Bend, IN 46601-1830 5