Laserfiche WebLink
affect the Property or any portion thereof prior to the Close of Escrow, without <br />Buyer's written consent, <br />6.1.12 Access. There is full and unobstructed direct <br />access to the Property from public streets, highways or roads that are adjacent to <br />the Property, <br />6.1.13 Bat>kniptcX. No "Bankruptcy Event" (as <br />defined below) has occurred with respect to Seller nor any momber.or manager <br />of Seller. There is notpending or threatened any case, proceeding or other action <br />seeking reorganization, arrangement, adjustment, liquidations dissolution or re. <br />composition .of Seller or any member or manager of Seller or seeking <br />appointment of a receiver, trustee, custodian or similar official for Seller or any <br />member or manager of Seller for all or any substantial pact of its or their assets. <br />"Bankruptcy Event" means (a) the making by a person of a general assignment <br />forthe benefit of such person's creditors, (b) the admission in writing by a person <br />of its inability to pay its or their debts as they mature, (c) are attachment, <br />execution or other judicial seizure of any property interest which remains in <br />effect; or (d) the failure to have taken or submission to any action indicating a <br />general inability by a person to meet its financial obligations as they acmes. <br />6.1.14 Material Chance. Seller shall promptly notify <br />Buyer if Seller obtains information that would make any of the representations <br />or warranties contained herein materially inaccurate or misleading. <br />6.2 Bayer's Wamties. In consideration of Seller entering urto this ,A.gmement and as <br />an inducement to Seller to sell the Property to Buyer, Buyer makes the fbllowing representations and <br />warranties which shall be true and correct as of the Effoctive Date and the Close of Escrow and each of <br />which is material and being relied upon by Seller. For all purposes of this Agreement, including Buyer's <br />representations and warranties contained herein, the phrase "to the best of Buyer's knowledge" shall mean <br />the current actual knowledge of Buyer. If prior to 'the Close of Escrow Seller determines that any <br />representation or wadaaty of Buyer is untrue, inaccurate or incomplete in any material respect (and without. <br />waiving any of Seller's rights or remedies .hereunder at law or in equity with respect to any material untruth, <br />incompleteness or inaccuracy existing on the.Effective Date, that was known of or -should have been known <br />of by Buyer), Seller may give Buyerwritten notice of same and Buyer shall have seven (7) days from the <br />date of reoeipt of Seller's notice (and the Closing Hate shall be extended to permit the running of such <br />seven (7) day period) (`Buyer Cure Period") to correct any fact or circumstance that makes such <br />representation or warranty materially untrue or inaccurate to Seller's reasonable satisfaction. If Buyer fails <br />to make such correction within the Buyer Glare Period, then Seller by written notice to Buyer within three <br />(3) days after the expiration of the Buyer Cure Period (and the Closing Date shall be extended to permit <br />the running of such three (3) day period) shall be entitled (a) to terminate this Agreement or (b) continue <br />this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable <br />or other remedies it may have against Buyer. The foregoing is not a waiver or release of any of Seller's <br />rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty - <br />of Buyer ofwhich Seller obtains knowledge after the Close of Escrow. <br />-11- <br />