4.14 SR 11-07-2022 ADD ON - Laserfiche WebLink

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49461726v5 11 222417v6 shall pay penalty, interest and costs on any delinquent installment of taxes and special assessments payable in the year of Closing. (c) Certified Special Assessments. All installments of special assessments certified for payment with the real estate taxes payable on the Property in the year of Closing shall be prorated to the Closing Date. (d) All Other Levied Special Assessments. Seller shall pay on the Closing Date all other special assessments levied against the Property as of the date of this Purchase Agreement. 17. SELLER’S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings on adjoining real property, if any, are entirely outside of the boundary lines of the Property. Seller warrants that there has been no labor or material furnished to the Property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive the delivery of the Deed. 18. COVENANTS. During the period from the Effective Date through and until the Closing Date, Seller shall: (i) cause the Seller Property to be operated, managed and maintained in a manner consistent with the practice of Seller prior to the Effective Date; (ii) maintain adequate liability insurance; (iii) not sell, lease, assign, transfer or encumber the Seller Property or any interest therein and shall not enter into any agreement in connection therewith; (iv) not grant, create, enter into or consent to any lien, encumbrance, agreement, contract, lease, easement or other obligation of any type or character regarding the Property which will survive the Closing without Purchaser’s prior written consent (in Purchaser’s sole discretion), (v) not enter into or amend any contract or agreement affecting the Property that will be binding upon Purchaser or the Property after the Closing without Purchaser’s prior, written consent (in Purchaser’s sole discretion), (vi) cooperate in good faith with Purchaser and assist Purchaser in obtaining any governmental approvals or entitlements for the Purchaser, provided that such cooperation shall be at no material cost to Seller, (vii) promptly execute and return to Purchaser any applications and other documentation reasonably necessary to obtain any governmental approvals and/or entitlements (subject to Seller’s reasonably review and approval, at no material expense to Seller), (viii) ensure that all materials provided to and labor performed at the Property at Seller’s request have been paid for prior to Closing; and (ix) promptly give written notice to Purchaser upon Seller obtaining knowledge of any of Seller’s representations or warranties in this Agreement becoming untrue or inaccurate. 19. REMEDIES. (a) If Purchaser defaults in its obligation to proceed to the Closing in accordance with the terms of this Agreement and fails to cure such default within ten (10) days after being notified in writing thereof, Seller shall be entitled, as its sole and exclusive remedy, to terminate this Agreement and to retain the Deposit. Seller shall not have the right to recover any other damages of any kind from Purchaser or to obtain other equitable adjustment to the terms of the sale of the Property.