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2004 S ERCD - MARTHA ADAMS GALLI, and ANN A. ADAMS and JO OZART Purchase the Adams Tract/Grant of Conservation Easement From Carrboro to Orange County
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2004 S ERCD - MARTHA ADAMS GALLI, and ANN A. ADAMS and JO OZART Purchase the Adams Tract/Grant of Conservation Easement From Carrboro to Orange County
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Last modified
4/14/2011 12:08:53 PM
Creation date
2/21/2011 2:53:40 PM
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BOCC
Date
6/23/2004
Meeting Type
Regular Meeting
Document Type
Contract
Agenda Item
9b
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Agenda - 06-23-2004-9b
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\Board of County Commissioners\BOCC Agendas\2000's\2004\Agenda - 06-23-2004
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heirs, agents, and representatives (collectively, the "Released Parties") from and against all <br />claims, liabilities, demands, judgments, damages, losses and costs (collectively, "Claims") <br />arising from or related to the following: (i) any Hazardous Materials in, on, beneath, discharged <br />from, migrating from, discharged to or migrating to the Property, including the soil or <br />groundwater thereof, at any time; (ii) any use, handling, treatment, storage, transportation or <br />disposal of Hazardous Materials at or from the Property after the Closing; and (iii) any latent or <br />patent defect affecting the Property (collectively, the "Released Matters"), except to the extent <br />any of the foregoing would be deemed a breach of any representation, warranty or covenant of <br />Seller under this Agreement. In connection with such waiver and relinquishment, Buyer <br />acknowledges that it is aware that it hereafter may discover Claims or facts in addition to or <br />different from those which it now knows or believes to exist with respect to the Released <br />Matters, but that it is Buyer's intention to fully, finally and forever to settle and release all of the <br />Released Matters in accordance with the provisions of this Section, and the release set forth <br />herein shall be and remain in effect as a full and complete release notwithstanding the discovery <br />or existence of any such additional or different Claims or facts. <br />(e) Any provision herein contained which by its nature and effect is required to be <br />observed, kept or performed after the Closing Date, shall survive the closing and remain binding <br />upon and for the benefit of the parties hereto, their heirs, personal representatives, successors or <br />assigns, until fully observed, kept or performed, and to the extent otherwise stated in this <br />Agreement. <br />(f) This Agreement shall be binding and shall inure to the benefit of the parties <br />hereto and their respective beneficiaries, heirs, personal representatives, successors and <br />permitted assigns. <br />8 <br />
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