Laserfiche WebLink
99 109581 <br /> choice. <br /> 13 . 1 . 3 PERMITS. Prior to Closing, Buyer has secured all <br /> zoning, land use regulation, permit and license approval <br /> necessary for Buyer' s intended use of the Property, including, <br /> but not limited to, development of a residential subdivision. <br /> 13. 1 . 4 ADVERSE CONDITIONS. As of Closing, there are no <br /> adverse conditions or circumstances which may interfere with <br /> Buyer' s intended use or ability to encumber the Property. <br /> 13.2 SELLER'S CONDITIONS OF CLOSING. Unless waived by Seller <br /> in writing, the obliqations of Seller under this Agreement are <br /> subject to fulfillment of the following conditions: <br /> 13.2 . 1 PAYMENT. At Closing, Seller or the Escrow Agent shall <br /> receive from Buyer a certified or cashier' s check in an amount <br /> at least equal to the balance due for closing. <br /> 13.2 . 2 REpRESENTATIONS AND WARRANTIES. There have been no <br /> material inaccuracies in the representations and warranties of <br /> Buyer and such representations and warranties shall be true as <br /> of Closing as though made on and as of such date and Seller <br /> shall have received a certificate dated as of Closing to that <br /> effect. <br /> 13 . 3 TERMINATION. If the conditions of Closing for a party <br /> have not been materially complied with or performed and such <br /> noncompliance or nonperformance shall not have been waived by the <br /> other, such other party may terminate this Agreement and upon such <br /> termination neither Buyer nor Seller shall have any liability one <br /> to the other, except as set forth herein. <br /> 13.4 COOPERP,TION. The parties hereto acknowledge and agree <br /> that each shall fully cooperate with the other in order to obta�n <br /> the necessary zoning, land use regulation, permit, and license <br /> approval in order for Buyer to use the property for its intended <br /> use. Seller shall bear the initial responsibility for obtaining <br /> preliminary approval from the Hall County Planning Commission in <br /> Hall County associated with any changes in zoning or land use <br /> regulations necessary in order to allow Buyer to use the Property <br /> for its intended use as a residential subdivision development. <br /> This responsibility shall include all filing or application fees, <br /> attorney fees, and any other fees or expenses associated with said <br /> zoning and land use approval . <br /> 14 . TIN� OF ESSENCE AND DEFAULT. Time is of the essence of this <br /> Agreement and in the event the Buyer shall fail to make any payment <br /> of the purchase price as hereinabove provided, or in the event <br /> either party fails to perform any other covenant as herein <br /> 6 <br />