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Agenda - 06-23-2004-8a
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Agenda - 06-23-2004-8a
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Last modified
4/22/2013 4:11:47 PM
Creation date
8/29/2008 10:22:41 AM
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BOCC
Date
6/23/2004
Document Type
Agenda
Agenda Item
8a
Document Relationships
2004 NS Purchasing - NORCA HOLDINGS LLC to purchase Durham Technical Community College Satellite Campus Site
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2004
Minutes - 20040623
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\Board of County Commissioners\Minutes - Approved\2000's\2004
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13 <br />iv all other documents required by this Contract to be delivered by Seller; <br />and <br />v such other documents and papers which may be necessary to the <br />consummation of the transaction described in this Contract as may reasonably be <br />requested by Buyer or Buyer's counsel. <br />b, At Closing, Buyer shall deliver to Seller: <br />i the Purchase Price by wire transfer to the trust account of Seller's <br />attorney; and <br />ii, such other documents and papers which may be necessary to the <br />consununation of the transaction described in this Contract as may reasonably be <br />requested by Seller or Seller's counsel, <br />19. Assignment. This Contract shall not be assigned without the prior written consent <br />of the non - assigning party, such consent not to be unreasonably withheld, conditioned or <br />delayed. <br />20. Default and Remedies. <br />a. In the event of a default or breach by Seller of any of the covenants or conditions <br />or obligations of Seller under this Contract or in the event any of Seller's representations and <br />warranties contained in this Contract are not true and correct as of the date of this Contract and <br />as of the Closing Date, Buyer shall have as its sole and exclusive remedy, the right to terminate <br />this Contract by giving written notice to Seller and the right to the return of the Earnest Money <br />deposited pursuant to Paragraph 2(a) above plus Twenty Five Thousand and No /100 Dollars <br />($25,000,00) as liquidated damages, since the parties agree that actual damages under thus <br />Contract are difficult, if not impossible to estimate, <br />b. In the event of a default or breach by Buyer of any of the covenants or conditions <br />or obligations of Buyer under this Contract or in the event any of Buyer's representations and <br />warranties contained in this Contract are not true and correct as of the date of this Contract and <br />as of the Closing Date, Seller shall have as its sole and exclusive remedy, the right to terminate <br />this Contract by giving written notice to Buyer and the right to receive payment of the Earnest <br />Money deposited pursuant to Paragraph 2(a) above plus Twenty Five Thousand and No /100 <br />Dollars ($25,000.00) as liquidated damages, since the parties agree that actual damages under <br />this Contract are difficult, if not impossible to estimate. <br />21. Entry. Buyer shall have the right to enter upon the Property at any time after the <br />date of this Contract for purposes of site planning, surveying and environmental inspections. <br />Such entry right shall be exercised so as to not unreasonably interrupt any activities of Seller. <br />22. Miscellaneous. <br />a. Survival of Provisions. All representations contained in Paragraphs 7 and 17(c) <br />above shall survive the Closing and the delivery of the Deed and other documents. <br />11 <br />RTP 844060 <br />
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