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Resolution Nos. 3632, 3634 & Transfer Agrmnt. (Airport Auth. Old Cleveland & Commerce) - Signed
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Resolution Nos. 3632, 3634 & Transfer Agrmnt. (Airport Auth. Old Cleveland & Commerce) - Signed
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6 <br />the Airport Authority written notice of any objections to the title <br />commitment for the Airport Authority Property and within thirty (30) days <br />after the Airport Authority’s receipt of its title commitment, the Airport <br />Authority shall give the Commission written notice of any objections to the <br />title commitment for the Commission Property . <br />F.Objections to Survey. Within thirty (30) days after the Commission’s <br />receipt of the Survey, the Commission shall give the Airport Authority <br />written notice of any objections to the Survey and within thirty (30) days <br />after the Airport Authority’s receipt of the Survey, the Airport Authority <br />shall give the Commission written notice of any objections to the Survey. <br />G.Permitted Encumbrances. Any exceptions identified in the title <br />commitment or Survey to which written notice of objection is not given <br />within such period shall be a “Permitted Encumbrance.” If either Party is <br />unable or unwilling to correct the other Party’s title and survey objections <br />within the Due Diligence Period, the either Party may terminate this <br />Agreement by written notice to the other Party prior to expiration of the Due <br />Diligence Period. If neither Party terminates this Agreement, then such <br />objections shall constitute “Permitted Encumbrances” as of the expiration <br />of the Due Diligence Period, and each property shall be transferred without <br />any effect being given to such title and survey objections. <br />6.AIRPORT AUTHORITY’S REPRESENTATIONS AND WARRANTIES <br />The Airport Authority, upon advice of the Airport Authority Representative, represents and <br />warrants to the Commission that the Airport Authority owns in fee simple title to the <br />Airport Authority Property and has not granted any option or right of first refusal to any <br />person or entity to acquire the Airport Authority Property or any interest therein. The <br />Airport Authority, upon advise of the Airport Authority Representative, further represents <br />and warrants that it has disclosed to the Commission any notifications from any local, state, <br />or federal authority regarding environmental matters pertaining to the Airport Authority <br />Property. The Airport Authority’s Representative shall provide the Commission with a <br />copy of all known environmental inspection reports, engineering, title, and survey reports <br />and documents in Airport Authority’s possession relating to the Airport Authority <br />Property. In the event the Closing does not occur, the Commission will immediately return <br />all such reports and documents to the Airport Authority’s Representative. <br />7.THE COMMISSION’S REPRESENTATIONS AND WARRANTIES <br />The Commission, upon advice of the Commission Representative, represents and warrants <br />to the Airport Authority that the Commission owns in fee simple title to the Commission <br />Property and has not granted any option or right of first refusal to any person or entity to <br />acquire the Commission Property or any interest therein. The Commission, upon advice <br />of the Commission Representative further represents and warrants that it has disclosed to <br />the Airport Authority any notifications from any local, state, or federal authority regarding
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