GRANITE-MYERS-RADOS-2006 - Laserfiche WebLink

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9. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, its authorized agents or contractors, if necessary by reason of the above-mentioned improvement, the right to enter upon Seller's property upon 48 hours prior written notice to perform the construction items referred to in Paragraph 9a above and for any of the following reasons. a. To make necessary and reasonable Inspections. b. To remove the existing wall/fence and install a new sound wall barrier with its necessary appurtenances. c. To remove existing improvements in the temporary construction easement area. 10. WARRANTIES. REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby warrants, represents, and/or covenants to Buyer that: a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or In equity before any court or governmental agency, domestic or foreign. b. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. c. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Seller's property may be bound. d. Seller, at the time of execution of this Agreement, is seized of the Property in fee simple absolute and is the lawful owner of and has good, indefeasibie title to the Property. 11. INDEMNITY. It is understood and agreed between the parties hereto, that the Buyer, its contractors and assigns will be liable for any and all damages to real or personal property and/or individuals caused by the construction of the sound wail barrier and its appurtenances during the construction period of the temporary construction easement. 12. COUNTERPARTS. This agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 13. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 14. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the California Courts with venue in Orange County. 15. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Buyer may freely assign any or all if its interests or rights under this Agreement or under the Escrow without the consent of Seller. 16. COOPERATION. Each party agrees to cooperate with the other in the closing of this Page 3 of 4