After Settlement. Buyer, at Buyer’s expense, may test the home for the presence of radon. The test must be completed within ninety (90) days of Settlement. The test must be conducted over at least a thirty (30) day period. The results of the test must be prepared by an independent laboratory regularly engaged in the business of analyzing such tests and properly certified in accordance with all State and Federal regulations. Said testing agency shall be independent of any firm performing radon mitigation services. The results of the test must be furnished to Seller in writing by certified mail within ten (10) working days of Buyer’s receipt of the test results. If the results of Buyer’s test indicate the presence of radon equal to or at a level greater than 0.02 working levels (4 picocuries/liter), Seller may, at his option, test the home for the presence of radon. The results of the test will be prepared by an independent laboratory regularly engaged in the business of analyzing such tests and will be furnished to Buyer. If Seller’s test indicates the presence of radon at a level equal to or greater than 0.02 working levels (4 picocuries/liter), Seller will take such corrective action as Seller may elect to reduce the presence of radon below 0.02 working levels (4 picocuries/liter). Such corrective action will be undertaken within thirty (30) days provided that Buyer provides Seller with access to the home during Seller’s normal business hours. Upon completion of said mitigation, Seller will provide Buyer with a confirmative test to verify a level of radon less than 0.02 working levels (4 picocuries/liter). Buyer expressly agrees and understands that this represents Seller’s sole and exclusive obligation with regard to the presence of radon in the home and that in no event will Seller, Seller’s agents, sub-agents, and/or employees be liable for any and/or all claims, losses or demands including, but not limited to, personal injuries and all of the consequences thereof which may arise from the presence of radon in any building on the Premises. By signing below, Buyer hereby acknowledges receipt of a true and correct copy of this notice. Buyer: Date: Buyer: Date:
After Settlement. 8.1 If the Crown receives any notice or demandin relation to the Wanganui Prison from the Crown, any territorial authority or any tenant after the actual Wanganui Prison settlement date, the Crown will, if not paying or complying with such notice or demand, promptly deliver it to the governance entity and the Pakaitore trustees or their solicitors and, if the Crown fails to do so, the Crown will be liable for any penalty incurred.
After Settlement. Seller shall not be liable to Buyer in respect of obligations under this Agreement or any documents delivered at Settlement or any representations or warranties which survive Settlement for any amounts in excess of Three Hundred Fifty Thousand Dollars ($350,000.00), Buyer hereby waiving any and all claims it may have to such recoveries in excess of the foregoing amount. The foregoing limitations shall apply only to liabilities admitted by Seller to exist or proven by Buyer to exist through the final adjudication thereof in an appropriate judicial proceeding.
After Settlement the Offeror will keep the Group together (except to the extent requested by a competent competition or financial regulatory authority) and work with the Group to grow the business.
