4.15. SR 12-15-2014 - Laserfiche WebLink

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(i) make an independent investigation of the physical condition of the Subject Property including but not limited to, the condition of the soil, the presence of hazardous materials or contaminants, other physical characteristics, and compliance with any statutes, ordinances or regulations; (ii) study all aspects or circumstances of the Subject Property which Buyer deems material or relevant; and (iii) make all inspections and verifications which Buyer deems necessary for the completion of Buyer's due diligence review for the transactions covered by this Agreement. Buyer shall be solely responsible for conducting any inspections or tests required by law at its sole cost and expense. Seller has provided Buyer with a Phase I Environmental Site Assessment prepared by Braun Intertec and any reports resulting from additional studies (the "EA Reports"). Should Buyer determine in its sole discretion based on its investigation of the Subject Property and its review of the EA Reports that the condition of the Subject Property is unacceptable to Buyer, prior to the expiration of the Inspection Period, Buyer shall so notify Seller in writing of its objections ("Objections"). In the event that Seller is unable to cause Buyer's Objections to be remedied, Buyer may elect to: (a) terminate this Agreement in which case Buyer shall have no obligation to acquire the Subject Property, and the parties' obligations hereunder shall terminate or (b) proceed to Closing, and accept title to the Property subject to such Objection(s) which are not remedied. Buyer's failure to make timely Objections will constitute a waiver of its rights to raise any Objections hereunder and Buyer will accept title to the Subject Property subject to such conditions. Buyer may not disclose any information, including environmental assessment reports, Buyer obtains through the investigations and inspections performed in accordance with this Section unless required to disclose such information pursuant to a court order or as otherwise required by law. Before entering upon the Subject Property to conduct the investigations provided for herein, Buyer shall notify Seller and Seller shall have obtained Current Owner's permission for Buyer to enter upon the Subject Property to conduct said investigations. If Buyer does any excavation, Buyer agrees to restore the Subject Property to its natural condition if Buyer's acquisition of the Subject Property is not consummated as contemplated by this Agreement. (b) Buyer agrees that Seller has made no representations or warranties with respect to the Subject Property except as set forth in this Agreement. (c) Buyer will not undertake any activity which will jeopardize Seller's efforts to acquire the Subject Property. (d) Buyer agrees to accept the Subject Property "as is," in its present condition and/or as otherwise required pursuant to the terms of this Agreement, subject to 178009v4 3