Seller’s Work. Seller has completed the Seller’s Work, including delivery of the Remediation Certification required under Section 12(c). Buyer’s Conditions are intended solely for the benefit of Buyer. If any of Buyer’s Conditions is not timely satisfied for any reason other than Buyer’s default hereunder, Buyer shall have the right in its sole discretion to either (i) waive in writing such Buyer’s Condition (other than the condition in Section 5(a)(iv)) and proceed with the Closing, or (ii) terminate this Agreement, in which event the Deposit shall be returned to Buyer and neither party shall have further obligations under this Agreement (other than obligations which by their terms survive such a termination); provided however that if Seller is in default, Buyer shall retain its remedies against Seller as provided in Section 6(b) below. Buyer cannot waive the Condition in Section 5(a)(iv).
Seller’s Work. (a) Prior to the Closing Date, Seller at its sole cost and expense shall (i) remediate the water and fungal damage identified in the Enviroair Report and restore the portions of the Real Property affected by such remediation (“Seller’s Enviroair Work”) and (ii) seal the A Wing and G Wing concrete slab as recommended in the January 9, 2003 NTH Project NO:16- 021141-00 report (“Seller’s Slab Work”). Seller’s Enviroair Work and Seller’s Slab Work are collectively referred to as “Seller’s Work”.
Seller’s Work. Seller shall be responsible for site demolition and preparation (“Seller’s Work”) within the area defined in Exhibit B (the “Demolition Area”); all such work in strict accordance with a SHPO-approved plan and a Memorandum of Agreement (the “Demolition MOA”) between the Parties, in the form attached as Exhibit D. Seller’s Work specifically includes the removal of existing above-ground structures and their contents, destruction of pools and aprons, backfilling and bringing of the Demolition Area to grade, well as any permitting and regulatory consultation or any other regulatory requirements related to Seller’s Work under all applicable law and removal of all related debris and equipment from the Property (including all regulatory and permitting requirements related thereto). Seller’s Work shall be performed at Seller’s sole cost and expense, except as expressly set forth in the Demolition MOU. For purposes of this Agreement, Seller’s Work shall be deemed complete when all necessary regulatory or other governmental sign-offs have been obtained to close any and all such matters.
Seller’s Work. (a) The Seller shall provide, in a good and workmanlike manner, all services, supervision, labor, materials and equipment, supplies, miscellaneous materials, and machinery necessary to design, engineer, procure, construct, install and commission the System (the Seller’s Work). The Seller’s Work includes the following activities:
Seller’s Work. Seller will be responsible for substantially completing the Improvements in accordance with the Work Letter Agreement prior to the Closing Date, subject to extensions for up to thirty (30) days of Seller Delays and extensions for Force Majeure Events or delays caused by Buyer. Seller shall also install, at Buyer's expense, a fully irrigated landscape strip fronting Franklin Parkway on the Expansion Parcel in accordance with landscaping plans that are approved by Buyer during the landscaping phase of the development of the adjacent building. Buyer's obligation to pay for the cost of such work as it progresses shall survive the Closing Date and recordation of the Deed.
Seller’s Work. Any work on the Inland Parcel performed by Seller pursuant to Sections 1 or 4 of this Agreement shall be performed in a good and workmanlike manner. Seller shall obtain and maintain, or cause its contractors to obtain or maintain, during the course of such work a commercial general liability insurance policy with a combined single limit of at least $1,000,000 naming Inland as an additional insured, and shall provide a certificate of insurance evidencing such insurance prior to entry on the Inland Parcel. Upon completion of the work performed by Seller, Seller shall assign to Inland on a non-exclusive basis, without recourse or warranty, all warranties issued by contractors or suppliers with respect to such work, except to the extent Seller is required to assign such warranties to the tenants, and Seller shall reserve the right to enforce such warranties in the event of any claims of tenants or other third parties against Seller in connection with such work.
Seller’s Work. Seller will pay the cost and expense of all tenant improvements, inducements and allowances required by any Lease that are due, or that through the passage of time will become due, under any Lease or renewal thereof on or before the Closing Date.
Seller’s Work. On or before February 15, 1998 Seller shall complete, at Seller's sole cost and expense, the repairs listed in Exhibit E, to Purchaser's satisfaction. In the event Seller does not make such repairs as listed in Exhibit E, Purchaser shall have the right to (a) terminate this Agreement by written notice to Seller or (b) proceed with the Agreement and deduct from the Purchase Price one and one-half times the cost of making such repairs.
Seller’s Work. Seller shall begin Seller's Work during the week of December 22, 1997, obtain 85% completion of Seller's Work by February 1, 1998 and complete Seller's Work by February 15, 1998. Two sections of Seller's Work were capped on costs. Those areas are to be researched by January 15, 1998. If the Seller determines that this work cannot be completed within the agreed upon budget, then Seller is to consult with Purchaser on or before January 8, 1998 to determine Purchaser's preference as to what should be fixed within the budget.
Seller’s Work. (a) Seller shall cause those open permits attached as Exhibit C to this Amendment which were issued to contractors engaged by Seller for work commenced during Seller’s ownership of the Property to be closed and all enforcement actions relating thereto to be terminated; provided, Seller shall have no obligation to close the open permit issued 9/27/05 to GCA Inc. if at Closing Buyer assumes pursuant to Paragraph 6(d) of the Purchase Agreement the obligation to complete and pay for the then remaining work which is the subject of that permit. If all of such open permits which Seller is obligated to close pursuant to this Section 1(a) have not been closed as of the Closing Date, the parties shall complete Closing and Seller shall remain obligated to comply with its obligations under this Section 1(a) following Closing, and Buyer shall reasonably cooperate with Seller in Seller’s efforts to do so. The provisions of this Section 1(a) will survive Closing without limitation on Seller’s liability or on the duration of such survival.
