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1996_Ordinances
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1996_Ordinances
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in accordance with the terms of this Agreement. Interest earned on the Deposit shall at all times <br />• belong to Buyer unless Buyer is in default as outlined in Section 6.2 (b). <br />3.3. An old sewage treatment plant formerly operated by Seller is located on the <br />Property. As hereinafter provided in Section 4.2 and Section 5. Lb below, Buyer is purchasing <br />the Property in its present physical condition "as -is" (except as provided in Section 5. Lc below) <br />and without representations or warranties, express or implied, concerning the absence of any <br />"hazardous substances" or "hazardous wastes", with the existing buildings, tanks and other <br />facilities of the old sewage treatment plant abandoned and left in place by Seller for Buyer to <br />deal with, and with Buyer bearing all costs of and responsibility for removal, if necessary, and <br />disposal, if necessary, of any "hazardous substances" and/or "hazardous waste" (except as <br />provided in Section 5. Lc below). In recognition of the risks to be assumed by Buyer at Closing <br />and the costs to be incurred by Buyer in its development of the Property related to the existing <br />physical condition of the Property, Seller and Buyer have agreed that Buyer shall receive a credit <br />on the Purchase Price of $330,000.00. <br />3.4. The balance of the Purchase Price of $230,000.00, less and except those credits set <br />forth immediately below, shall be paid by Buyer to Seller at Closing, as follows: <br />$230,000.00 cash or certified funds less the <br />$20,000 Deposit, less any one month extension <br />payments made pursuant to Section 4.1.b. <br />• <br />Section 4. Closing and Delivery of Possession. <br />4.1. Date. <br />a. Closing (settlement) shall be made at the office of legal counsel for Seller <br />on or before thirty (30) days after all of the conditions set forth in Section 4.3 below have been <br />fulfilled and Seller has fulfilled its obligation under Section 7.13 with respect to the Vent <br />Station. Seller and Buyer anticipate that Closing will occur not later than February 1, 1998. <br />TIME IS OF THE ESSENCE TO SELLER AND TO BUYER. Upon thirty (30) days' <br />written notice to Seller, Buyer may, at its sole discretion, accelerate Closing. <br />b. Notwithstanding the above -referenced Closing Date, if Buyer, through no <br />fault of Seller, seeks to extend the Closing Date, it may do so, one month at a time, by <br />delivering to Seller, on or before the applicable Closing Date, its written request for an <br />extension identifying which condition(s) listed in Section 4.3 of this Agreement will not be <br />satisfied by the applicable Closing Date deadline, along with: <br />(1) The sum of $1,500 in cash or certified funds ("Extension Payment"), <br />to be received by Seller on or before the applicable Closing Date, and <br />0 3 <br />
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