2013-04-24 BOS Packet - Released

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26.Extensions: By executing this Agreement, BUYER and SELLER hereby grant to their respective attorneys the actual authority to bind them by facsimile for the limited purpose of allowing them to grant extensions hereunder, and BUYER and SELLER shall be able to rely upon the signatures of said attorneys as binding unless they have actual knowledge that either party has disclaimed the authority granted herein to bind them. 27.Efforts to Cure Title or Condition of the Property: SELLER shall use diligent, good faith efforts to deliver the Property and the title thereto as provided herein by the Closing Date. 28.Suits or Judgments: SELLER represents and warrants to BUYER that SELLER has no notice or knowledge of any suits or judgments in relation to the Property. The provisions of this paragraph shall survive the delivery of the deed for the Property or the early termination hereof. 29.Brokers: SELLER and BUYER each warrant and represent to the other that neither has dealt with any real estate broker, salesperson, finder, or other person entitled to a commission or fee in connection with the negotiation or execution of this Agreement or the consummation of the transaction contemplated hereby. This paragraph shall survive delivery of the deed for the Property or the early termination hereof. 30.Disclosure of Beneficial Interest Form: BUYER acknowledges that SELLER has provided the disclosure of beneficial interest form that is attached hereto as Exhibit F as required under G.L. c. 7, sec. 40J. This form was filed with the Division of Capital Asset Management of Massachusetts on April 10, 2013. 31.Municipal Purposes: BUYER is acquiring the Property for municipal purposes. BUYER may elect to acquire the Property through one or more deeds for portions of the Property running to one or more municipal entities, boards or commissions upon notification to SELLER at least seven (7) days before the deed or deeds are to be delivered as herein provided. 32.Municipal Approvals and Processes: Notwithstanding anything set forth herein to the contrary, BUYER's obligations hereunder are expressly subject to and contingent upon the approval of the Lexington Board of Selectmen and all other municipal approvals that are required for the purchase of the Property, including without limitation the Town of Lexington completing the notification process for unique real property acquisitions that is described in {A0187183.4 } 8