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i[t; <br />Property, Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance, Buyer shall also have a right to <br />review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such <br />books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall <br />not disclose any information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as <br />confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall <br />obtain their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or <br />representatives in exercising its rights under this Section 6(e) and agrees to indemnify and hold Seller harmless from any damages <br />resulting therefrom, This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Except <br />as provided in Section 6(c) above, Buyer shall have from the Contract Date through the end of the Examination Period to perform the <br />above inspections, examinations and testing, IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY <br />REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION <br />OF THE EXAMINATION PERIOD, 'THEN THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A <br />RETURN OF THE EARNEST MONEY. <br />Section 7. Leases (Check one of the following, as applicable): <br />Z1 If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined) <br />affecting the Property. <br />I£ this box is checked, Seller discloses that there are one or more leases affecting the Property ( "Leases ") and the <br />following provisions are hereby made a part of this Agreement. <br />(a) A list of all Leases shall be set forth on Exhibit B. Seller represents and warrants that as of the Contract Date, there are no <br />other Leases, oral or written, recorded or not, nor any subleascs affecting the Property, except as set forth on Exhibit B; <br />(b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein; <br />(c) Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which, <br />with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either <br />by Seller, as landlord, or by any tenant under any Lease ( "Lease Default"). In the event there is any Lease Default as of the Contract <br />Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to <br />commit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease <br />Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the Lease, <br />(d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of <br />the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer <br />in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease). Seller <br />agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases to be <br />transferred or credited to Buyer at or before Closing. The assignment shall provide: (i) that Seller shall defend, indemnify and hold <br />Buyer harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys' fees) asserted <br />against or incurred by Buyer which are caused by or the result of any default by Seller under any Lease prior to the date of Closing, and <br />(ii) that Buyer shall defend, indemnify and hold Seller harmless from claims, losses, damages and liabilities (including, without <br />limitation, court costs and attorneys' fees) asserted against or incurred by Seller which are caused by or the result of any default by <br />Buyer under any Lease after the date of Closing. <br />(e) Seller also agrees to execute and deliver (and work diligently to obtain any tenant signatures necessary for same) any <br />estoppel certificates and subordination, nondisturbance and attornment agreements in such form as Buyer may reasonably request. <br />Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in <br />accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as <br />those substances, materials, and wastes, including, but not limited to, those substances, materials and wastes listed in the United States <br />Department of Transportation Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency as <br />hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become <br />regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is (i) <br />petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Clean <br />Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. §1317), (v) defined <br />as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6903) or (vi) <br />defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability <br />Act of 1980 (42 U.S.C. §9601). Seller has no actual knowledge of any contamination of the Property from such substances as may have <br />been disposed of or stored on neighboring tracts. <br />Page 5 of 8 <br />Buyer Initials Seller Initials STANDARD FORM 580-T <br />Revised 7/2017 <br />Q 7/2017 <br />Produced with zipForm@ by zipLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48026 s rm.aiot og x.com MO PS- orange <br />