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<br /> (e) There is no action, litigation,pending or threatened condemnation, or other proceeding of any
<br /> kind pending against the Holloway which relates to or affects the Holloway Lot.
<br /> (f) Holloway, on the Closing Date, will have complied with all of its obligations required to be
<br /> performed by that date, unless such compliance has been waived in writing by County, and all
<br /> warranties made hereunder shall be true and correct on the Closing Date.
<br /> (g) To Holloway's best knowledge, there are no underground storage tanks of any type located
<br /> on Tracts 1.
<br /> (11) To Holloway's best knowledge,no portion of Tract l has been used to generate, manufacture,
<br /> refine, transport, treat, store, handle or contain any hazardous, dangerous or toxic substance, as those
<br /> terms are defined in all applicable environtnental laws, rules, regulations or ordinances of any federal,
<br /> state or local government or agency,including, without limitation,toxic wastes or asbestos or products
<br /> made from either, nor to the best of its knowledge, has it ever been used for a purpose that would
<br /> generate hazardous substances that might have been discharged on or buried in Tract 1.
<br /> Holloway hereby agrees that the truthfulness of each of said representations and warranties and of all
<br /> other representations and warranties herein made is a condition precedent to the performance by County of its
<br /> obligations hereunder, and all of said representations and warranties shall be deemed to be repeated at closing.
<br /> In the event any of the conditions precedent to closing in this Agreement have not been satisfied or waived as
<br /> of a closing date, or upon the breach by Holloway of any representation, warranty, condition or provision
<br /> hereof, County may, prior to any closing date, terminate this Agreement and exercise any other rights it may
<br /> have at law or equity,
<br /> 8. Additional Property. County and Holloway understand that a utility provider may require
<br /> County to relocate a utility line from the location shown on Exhibit A facilitate the utility connection
<br /> contemplated herein. Holloway agrees to the relocation of the Sewer Easement across Tract 2 andlor the
<br /> Holloway Lot if required by the utility provider. There is no plan or intention for the Sewer Easement to cross
<br /> the current Holloway Dome site property situated north of Tract 2.
<br /> 9. Broker's Commission. Each party represents and warrants to the other that it has contracted
<br /> with no real estate broker with respect to the transaction contemplated by this Agreement. Each party agrees to
<br /> indemnify and hold the other party harmless from any losses, claims or damages (including reasonable attor-
<br /> neys'fees)incurred because of a breach of the representations in this Section 9. i
<br /> 10. Survival. The terms, covenants, conditions, representations, warranties, and agreements of
<br /> this Agreement shall survive the closings.
<br /> it. Notices. All notice or election required or permitted to be given or served by any party hereto
<br /> upon any other party shall be deemed given or served in accordance with the provisions of this Agreement, if
<br /> said notice or election is directed to Holloway by delivering it personally to William Holloway or Donna
<br /> Holloway or if said notice or election is directed to County, by delivering it personally to Jeff Thompson, or if
<br /> mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage
<br /> prepaid, or sent by facsimile or overnight delivery service,properly addressed as follows:
<br /> r
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<br /> if to the County: Orange County
<br /> 131 West Margaret Lane
<br /> Suite 300
<br /> i
<br /> Hillsborough,NC 27278 f
<br /> Attn: Jeff Thompson
<br /> Email; lethom son oran ecoun nc. ov
<br /> i
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