Supporting Documentation · Date unavailable
134-10 Attachment
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Show all pages2GENBUS/736294.3 perform any remediation work with respect to Environmental Conditions at the current time. Within three (3) business days after Purchaser's receipt of Seller's Environmental Plan, Purchaser may either (i) provide written notification to Seller that Seller's Environmental Plan is acceptable (“Purchaser's Acceptance Notice”), or (ii) propose in writing an alternative plan for remediation of the Environmental Conditions (“Alternative Environmental Plan”). Purchaser's failure to deliver written notice to Seller pursuant to subsections (i) or (ii) of the immediately preceding sentence shall be deemed an acceptance by Purchaser of Seller's Environmental Plan. (c) If Purchaser delivers a Purchaser's Acceptance Notice to Seller or is deemed to have accepted Seller’s Environmental Plan pursuant to the terms of Section 3(b) of this Amendment or if Seller delivers a Seller’s Acceptance Notice pursuant to the terms of Section 3(d) of this Amendment, it is expressly agreed that Purchaser shall have no right to terminate the Agreement except (i) as set forth in Section 8.2 of the Agreement, or (ii) in the event Seller fails to complete by the Closing Date any work designated to be completed on or prior to the Closing Date in Seller's Environmental Plan (or if applicable, the Alternative Environmental Plan). (d) If Purchaser delivers an Alternative Environmental Plan to Seller pursuant to the terms of Section 3(b) of this Amendment, then within three (3) business days after Seller's receipt of an Alternative Environmental Plan, Seller may either (i) provide written notification to Purchaser that the Alternative Environmental Plan is acceptable (“Seller's Acceptance Notice”), or (ii) terminate this Agreement by written notice to Purchaser, in which event, to the extent the conditions set forth in Section 3(e) below are satisfied by Purchaser, the Escrow Agent shall refund the Earnest Money Deposit to Purchaser, and the parties thereafter shall have no further obligations under this Agreement, except as specifically survive such termination. (e) If the Agreement is terminated for any reason (including without limitation, pursuant to Section 3(d)(ii) of this Amendment), the refund of the Earnest Money Deposit to Purchaser shall be contingent upon the satisfaction of Purchaser's obligations set forth in the last sentence of Section 2 of the First Amendment. 4.
dment), the refund of the Earnest Money Deposit to Purchaser shall be contingent upon the satisfaction of Purchaser's obligations set forth in the last sentence of Section 2 of the First Amendment. 4. Closing Date. The Closing Date (as defined in Section 5.1 of the Agreement) is hereby extended to the date that is ten (10) business days after the occurrence of one of the following events: (i) Purchaser's receipt of Seller's Acceptance Notice, or (ii) Seller's receipt of Purchaser's Acceptance Notice; provided, however, Seller shall have the sole and exclusive right to further extend the Closing Date in order to complete any work designated to be completed on or prior to the Closing Date in Seller's Environmental Plan (or if applicable, the Alternative Environmental Plan). 5. Bind and Inure. This Amendment shall be binding upon and inure to the benefit of Seller, Purchaser and their respective heirs, successors and assigns. 6. Capitalized Terms. All capitalized terms used herein but not defined herein shall have the meanings ascribed to such terms in the Agreement. 7. Ratification. Except as hereby amended, the Agreement is hereby ratified and shall continue in full force and effect in accordance with its terms. In the event of any conflict or
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- Sep 29, 2026
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