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JAN.~E.199~ E~S~AM
<br />N0.5~0 P.1~
<br />and effect as if remade b the Seller in a I ~
<br />~ y separate certificate at that time. 'The Sellers
<br />representations and warranties coatained here shall survive the close of escrow and shali not merge
<br />into the deed and the recordation of the deed in the official records. !
<br />14. Indemnity. The Seller shall indemnify, defend and hold the Bu er harmless
<br />against aay loss, darnage, penalry, fine, cost, liabiliry, obligation, judgement or claim f any natura
<br />relating in any way to the use, occupancy or condidon of the Real Properry arising or lating to the
<br />period prior to the demolidon of the existiag buildings on the Real Properry and the co encement
<br />of excavation pursuant to the development contemplated by the Development Agreem nt, including
<br />without limitation any loss, damage, penalry, fine, cost, liability, obligadon, judge ent, lien or
<br />claim arising out of or relating to the presence or suspected presence of hazar us or toxic
<br />substances or materials in the soil, groundwater, or soil vapor on or under the Real Pr perty or any
<br />addidonal cost or expense in connection with demolition of the i.mprovements attrib table to the
<br />abatement or removal of asbestos in any portion of the improvements on the Real operty. The
<br />Seller shall. indemnify, defend and hold the Buyer harmless against any Ioss, dam ge, penalty,
<br />fine, cost, liability, obligation, judgement or claim of any natune relating in any way to zny claim or
<br />allegation that Seller failed to comply with the requirements of the Uniform Relocatio Assistance
<br />and Real Property Acquisition Policies Act of 1970, 42•USC §4601 et seq., whethe}~ or not such
<br />failu~ is alleged to have occurred prior to, on or following the Closing Date. '
<br />15 . Buyer's Representations and Warranties. In addition to ' ny express
<br />agreements of the Buyer conta.ined here, the foll~wing constitute representations and ~arranties of
<br />the Buyer to the Seller: ',
<br />(a) ?he Buyer has the legal power, right, and authority to enter into this Ag~reement and
<br />~ the instcuments refeaed to here and to consummate the transactions contemplated here~
<br />(b) All requisite action has been tak~n by the Buyer in connection with ente ing into this
<br />Agreement and the instruments referred to here and tlie consummation of the ~ransactions
<br />contemplated. here. No further consent of any other party is required. ~;
<br />(c) The persons executing this Agreement and the instruments referre~ to here on
<br />behalf of the Buyer have the legal power, right, and actual authoriry to bind the Buyer,to the terms
<br />and conditions of this Agreement, '
<br />(d) This Agreement and all documents required by it to be executed by e Buyer are
<br />and shall be valid, legally binding obligations of, and enforceable against the Buyer i~ accordance
<br />with their terms. '
<br />(e) Neither the execution and delivery of this Agreement and document
<br />here, nor the incurring of the obligations set forth here, nor the consummation of the
<br />contemplated, nor compliance with the tern~s of this Agreement and the documenu ref
<br />conflicts with or results in the violation of any consdtutional or statutory provisi
<br />material breach of any terms, conditions, or provisions of or constitute a default und
<br />note, or other evidence of indebtedness, or any contract, indenture, mortga~e, deed e
<br />lease, or other agreements or instruments to which the Buyer is a parry.
<br />Furchase and Sale Agnsament
<br />~,,; Salom Area Mass Transit District/Marion County
<br />Pase - 9
<br />0128970745
<br />referred to
<br />xed to here
<br />a or in the
<br />~ any bond,
<br />trust, IOan,
<br />
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