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amounts due under this paragraph from the retained escrow is not exclusive but is in addition to <br />the Buyer’s rights at law and equity to collect such amounts from the Seller. The Seller is <br />responsible for the amounts due under this paragraph even if: (i) the Buyer neglects to deduct the <br />amount from escrow; or (ii) the escrowed amount is insufficient to pay all amounts due under this <br />paragraph. <br />(b)Utilities.Seller agrees to pay for all utilty services to the Property through the last <br />date of CRAG Enterprises, LLC’s occupancy. Utilty services include, but are not limited to, the <br />following: sewer, water, gas, electricity, telephone, garbage collection, Internet, and cable/satellite <br />television. <br />(c)Personal Property and Debris.The Seller must remove all debris and personal <br />property not included in this sale, including, all window treatments, and furniture from the Property <br />no later than the last date of CRAG Enterprises, LLC’s occupancy. The Seller may remove all <br />appliances. <br />9.Seller Warranties.The Seller hereby represents and warrants to the Buyer as <br />of the Closing Date that: <br />(a)Title.The Seller has good, indefeasible and marketable fee simple title to the <br />Property. <br />(b)Condemnation.There is no pending or, to the actual knowledge of the Seller, <br />threatened condemnation or similar proceeding affecting the Property or any portion thereof, <br />and the Seller has no actual knowledge that any such action is contemplated. <br />(c)Defects.The Seller is not aware of any latent or patent defects in the Property, <br />such as sinkholes, weak soils, or unrecorded easements and restrictions. <br />(d)Legal Compliance.The Seller has complied with all applicable laws, <br />ordinances, regulations, statutes, rules, and restrictions pertaining to and affecting the Property <br />and the Seller shall continue to comply with such laws, ordinances, regulations, statutes, rules, <br />and restrictions. <br />(e)Legal Capacity.The Seller hasthe legal capacity to enter into this <br />Agreement.The Seller hasnot filed, voluntarily or involuntarily, for bankruptcy relief within the <br />last year under the United States Bankruptcy Code, nor has any petition for bankruptcy or <br />receivership been filed against the Seller within the last year. <br />(f)Sewer and Water.The Seller warrants that the Property is connected to City <br />sewer andCity water. <br />(g) Mechanics’ Liens. TheSeller warrants that, prior to the closing, the Seller shall pay <br />in full all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days <br />immediately preceding the closing in connection with construction, alteration or repair of any structure <br />upon or improvement to the Property. <br />5 <br />