Offer And Purchase And Sale Agreement Page 7

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and/or lead based paint hazards as Buyer, at his, her, their or its sole cost, may cause to be
conducted on or before the fourteenth (14th) calendar day following the acceptance of the Offer
by the Seller. Buyer and Buyer's inspectors and consultants will be entitled to have reasonable
access to the Premises from time to time for the purposes of making such risk assessment or
inspection, provided that Buyer will indemnify Seller from any and all liability, claims, damages,
losses, costs or expenses, including attorney fees, suffered, paid or incurred by Seller arising out
of or as a consequence of Buyer's exercise of rights under this section. If Buyer is not satisfied
with the result of such assessment or inspection and, on or before the fourteenth (14th) calendar
day following the acceptance of the Offer by the Seller, Buyer notifies Seller in writing that
Buyer is terminating this Agreement because of such dissatisfaction, then the Deposit will be
refunded to Buyer and all other obligations of the parties hereunder will cease and this
Agreement will be null and void. If the Buyer fails to terminate this Agreement by giving
written notice of termination to Seller on or before the fourteenth (14th) calendar day following
acceptance of the Offer by Seller, Buyer will be deemed to have waived his, her, their or its
rights to terminate the Agreement pursuant to this section.
If §56-7-1 N.M.S.A. 1978 Comp. applies to the inspections carried out pursuant to and the
indemnification obligations arising under, this Section 15, the agreement to indemnify shall not
apply to liability, claims, damages, losses, costs or expenses, including attorney fees, arising out
of (i) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders,
designs or specifications by the indemnitee, or the agents or employees of the indemnitee; or (ii)
the giving of or the failure to give directions or instructions by the indemnitee, or the agents or
employees of the indemnitee, where such giving or failure to give directions or instructions is the
primary cause of bodily injury to persons or damage to property.
18.
AS IS
Buyer acknowledges that Buyer will have ample opportunity under Sections 16 and 17 to, and
will, examine the Premises and any personal property included in the transaction contemplated
by this Agreement, and that if Buyer accepts the deed to the Premises and otherwise closes the
transactions contemplated by this Agreement, Buyer will do so on the basis that the Premises and
any such personal property are being accepted "as is", in their current condition as of the time of
Closing, based solely upon Buyer's inspection(s) of the Premises. Buyer acknowledges that
neither Seller nor any person acting on behalf of Seller has made any statement, representation or
warranty to Buyer or Buyer's representative with respect to the Premises or any of the personal
property, or their condition or value, and Buyer is not relying upon any statement, representation
or warranty of Seller with respect to the Premises or the personal property, or their condition or
value.
19.
TIME IS OF THE ESSENCE
Time is of the essence with respect to all obligations arising under this Agreement.
20.
DEFAULT, REMDIES, ATTORNEY'S FEES
If either party defaults in the performance of his, her, their or its obligations under this
Agreement, the non-defaulting party shall be entitled to all rights and remedies available at law
or in equity, including without limitation, specific performance.
Offer and Purchase and Sale Agreement
Page 7

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Parent category: Business