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agreements with the South Bend Department of Redevelopment including but not <br />limited to the Airport Economic Development Area Plan and the lien of non- <br />delinquent taxes, zoning ordinances and building codes. <br />(2} Provide a fully insured Closing through the Title Company (as <br />hereafter defined) at the expense of Purchaser and Seller who shall equally share <br />the insured closing expense, at which Title Company shall markup and agree to <br />insure marketable title in Purchaser subject only to Permitted Exceptions {as <br />hereaffier defined} effective as of the moment of Closing. Seller shall pay all title <br />insurance premiums and charges with the exception of charges for any extended <br />coverage which shall be paid by Purchaser. <br />(3} Deliver to Purchaser possession of file Property, free and clear of <br />all leases, tenancies, and occupancies, except those to which Purchaser has agreed <br />the title maybe subject. <br />{4} Furnish evidence of its capacity and authority to sell the Property <br />and close this transaction pursuant to a resolution passed and approved by the <br />South Bend Redevelopment Commission. <br />(5) Execute and deliver any other documents or instruments which <br />may be necessary or reasonably required by Purchaser or the Title Company to <br />complete the sale of the Property and close this transaction, and make any pre- <br />construction and construction documents and plans available to Purchaser upon <br />request. <br />B. Purchaser shall: <br />(1) Make payment to Seller of the Purchase Price according to the <br />terms set forth at Paragraph 2 of this Agreement. <br />{2} Furnish evidence of its capacity and authority to purchase the <br />Property and close this transaction pursuant to a Resolution passed and approved <br />by Transpo's Board of Directors. <br />{3} Execute and deliver any other documents or instruments which <br />may be necessary or reasonably required by Seller or the Title Company to <br />complete the sale of the Property and close this transaction. <br />b. Risk of Loss. Risk of loss shall remain on Seller prior to Closing. <br />7. Conditions Precedent to Purchaser's Obli ate ions. In addition to any other <br />condition of or contingency set forth in this Agreement, Purchaser's obligations under this <br />Agreement are subject to the following contingencies, which contingencies, if not satisfied or <br />waived by Purchaser in writing at Closing, shall constitute grounds for Purchaser to terminate <br />this Contract by its written notice to Seller. <br />OPERATIONS FACILITY' <br />2 <br />