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MANH, CHARLES H.
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MANH, CHARLES H.
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Last modified
9/27/2022 4:33:55 PM
Creation date
9/27/2022 4:33:12 PM
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Contracts
Company Name
MANH, CHARLES H.
Contract #
A-2022-179
Agency
Public Works
Council Approval Date
9/20/2022
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utilities serving the Property and (viii) the presence or adequacy of infrastructure or other <br />improvements on, near or concerning the Property. <br />5.2 No Representations or Warranties. Seller makes no representation or <br />warranty, express or implied, to the Buyer relating to the condition of the Property or suitability <br />of the Property for any intended use or development by the Buyer. <br />5.3 Acceptance of Property "AS -IS." Buyer shall accept all conditions of the <br />Property, without any liability of the Seller whatsoever, AS -IS, WHERE -IS, SUBJECT <br />TO ALL FAULTS CONDITION, WITHOUT WARRANTY AS TO QUALITY, <br />CHARACTER, PERFORMANCE OR CONDITION, and with full knowledge of the <br />physical condition of the Property, the nature of the Seller's interest in and use of the <br />Property, all laws applicable to the Property and of any and all conditions, restrictions, <br />encumbrances and all matters of record relating to the Property. The Property is being <br />acquired by Buyer as a result of its own knowledge of the Property and not as a result of <br />any representation(s) made by the Seller or any employee, official, consultant or agent of <br />the Seller relating to the condition of the Property, unless such statement or representation <br />is expressly and specifically set forth in this Agreement. Seller hereby expressly and <br />specifically disclaims any express or implied. <br />6. Warranties. <br />6.1 Seller's Warranties. In consideration of Buyer entering into this Agreement and as <br />an inducement to Buyer to purchase the Property from Seller, Seller makes the following <br />representations and warranties which shall be true and correct as of the Effective Date and the <br />Close of Escrow and each of which is material and being relied upon by Buyer. For all purposes <br />of this Agreement, including Seller's representations and warranties contained herein, the phrase <br />"to the best of Seller's knowledge" shall mean the current actual knowledge of Seller. If prior to <br />the Close of Escrow, Buyer has actual knowledge that any representation or warranty of Seller is <br />untrue, inaccurate or incomplete in any material respect (and without waiving any of Buyer's rights <br />or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or <br />inaccuracy existing on the Effective Date, that was known of or should have been known of by <br />Seller), Buyer may give Seller written notice of same and Seller shall have seven (7) days from <br />the date of receipt of Buyer's notice (and the Closing Date shall be extended to permit the running <br />of such seven (7) day period) ("Seller Cure Period") to correct any factor or circumstance that <br />makes such representation or warranty materially untrue or inaccurate to Buyer's reasonable <br />satisfaction. If Seller fails to make such correction within the Seller Cure Period, then Buyer by <br />written notice to Seller within three (3) days after the expiration of the Seller Cure Period (and the <br />Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled <br />(a) to terminate this Agreement, or (b) continue this Agreement in full force and effect with no <br />change in terms, but without waiving any legal, equitable or other remedies it may have against <br />Seller. The foregoing is not a waiver or release of any of Buyer's rights or remedies for any material <br />untruth, incompleteness or inaccuracy in a representation or warranty of Seller of which Buyer <br />obtains knowledge after the Close of Escrow. <br />in <br />
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