Geotechnical Engineer « »« » « » « » « » « »
Survey Buyer may obtain a survey of the Property before the Closing to assure that there are no defects, encroachments, overlaps, boundary line or acreage disputes, or other such matters, that would be disclosed by a survey ("Survey Problems"). The cost of the survey shall be paid by the Buyer. Not later than business days prior to the Closing, Buyer shall notify Seller of any Survey Problems which shall be deemed to be a defect in the title to the Property. Seller shall be required to remedy such defects within business days and prior to the Closing. If Seller does not or cannot remedy any such defect(s), Buyer shall have the option of canceling this Agreement, in which case the ▇▇▇▇▇▇▇ Money shall be returned to Buyer.
Feasibility Study This Agreement shall be considered “As-Is with Right to Inspect”. Buyer shall have a period of 15 [if blank, seven (7) days] from the Execution Date to determine whether the Property is suitable, in Buyer’s sole and absolute discretion for ▇▇▇▇▇’s uses. During the Feasibility Study Period, Buyer may conduct a property inspection, title examination, environmental audit(s), surveys, review of zoning, land use and legal proceedings and any other tests, analyses, and investigations to determine the Property’s suitability to Buyer’s needs. ▇▇▇▇▇ will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of ▇▇▇▇▇’s determination of whether or not the Property is acceptable. Buyer’s failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer’s intended uses in its “as is” condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Agreement will be deemed terminated as of the day after the Feasibility Study Period ends and ▇▇▇▇▇’s Deposit(s) will be returned after ▇▇▇▇▇▇ Agent receives proper authorization from all interested parties. Thereafter, the parties shall have no further mutual obligations under this Agreement. Seller makes no warranties whatsoever, including marketability of title, and in the event Buyer fails to provide written notification of its election to terminate this Agreement before the end of the Feasibility Study Period, Buyer accepts the Property “As-Is”. ▇▇▇▇▇’s failure to timely close thereafter shall be deemed a breach by the Buyer.
Architect/Engineer (A/E) means a person registered as an architect pursuant to Tex. Occ. Code ▇▇▇., Chapter 1051, as a landscape architect pursuant to Tex. Occ. Code ▇▇▇., Chapter 1052, a person licensed as a professional engineer pursuant to Tex. Occ. Code ▇▇▇., Chapter 1001 and/or a firm employed by Owner or a design-build contractor to provide professional architectural or engineering services and to exercise overall responsibility for the design of a Project or a significant portion thereof, and to perform the contract administration responsibilities set forth in the Contract.