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2014-158 (2)
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2014-158 (2)
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Original <br /> Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice <br /> delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor <br /> any other person or party shall have any claim for specific performance, damages, or <br /> otherwise against the County; or (ii) waive the County's default and proceed to Closing. <br /> 5.2 In the event the Seller shall fail to perform any of its obligations hereun er, the <br /> County shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice <br /> delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor <br /> any other person or party shall have any claim for specific performance, damages or <br /> otherwise against the Seller; or(ii) obtain specific performance of the terms and cc nditions <br /> hereof; or (iii) waive the Seller's default and proceed to Closing: <br /> 6. Closing. <br /> 6.1 The closing of the transaction contemplated herein ("Closing" and "Closin 3 Date") <br /> shall take place within 45 days following the execution of the contract by the Cha rman of <br /> the Board of County Commissioners. The parties agree that the Closing shall be as <br /> follows: <br /> (a) The Seller shall execute and deliver to the County a warranty deed conveying <br /> marketable title to the Property, free and clear of all liens and encumbrances and in the <br /> condition required by paragraph 3. <br /> (b) The Seller shall have removed all of its personal property and equipment from the <br /> Property and Seller shall deliver possession of the Property to County vacant a d in the <br /> same or better condition that existed at the Effective Date hereof. <br /> (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails <br /> to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. <br /> (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County <br /> an affidavit, in a form acceptable to the County, certifying that the Seller and any interest <br /> holders are not subject to tax under the Foreign Investment and Real Property Tax Act of <br /> 1980. <br /> (e) The Seller and the County shall each deliver to the other such other documents or <br /> instruments as may reasonably be required to close this transaction. <br /> 6.2 Taxes. All taxes and special assessments which are a lien upon the prope ly on or <br /> prior to the Closing Date (except current taxes which are not yet due and r ayable) <br /> shall be paid by the Seller. <br /> 7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing <br /> documents. <br /> 7.1 County shall pay the following expenses at Closing: <br /> 3 <br />
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