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Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for sale to the
<br /> general public , is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not
<br /> required to disclose persons or entities holding less than five (5 %) percent of the beneficial interest in
<br /> Seller .
<br /> 10. 10 Drafting of Agreement._ Each party hereto hereby acknowledges that all parties hereto
<br /> participated equally in the drafting of this Agreement and that, accordingly, no court construing this
<br /> Agreement shall construe it more stringently against one party than the other.
<br /> 10. 11 Time is of the Essence. Time is of the essence with respect to each provision of this Agreement
<br /> which requires that action be taken by either party within a stated time period , or upon a specified date ;
<br /> provided, however, if the date for performance is on a Saturday , Sunday or federal holiday, the date for
<br /> performance shall be extended to the next business day, or if performance shall be impossible as a result
<br /> of a utilities and/or communications systems failure beyond the control of the party whose action is
<br /> required, the date for performance shall be extended to the next business day that utilities and/or
<br /> communications shall be available to such party .
<br /> 10. 12 Acceptance of Deed.
<br /> (i) Subject to the express representations and warranties and covenants, obligations
<br /> and agreements, if any , set forth in this Agreement and in the closing documents delivered at Closing,
<br /> each party represents, warrants and agrees with the other that neither party nor the employees , agents or
<br /> attorneys of each of the parties , respectively , have made any verbal or written representations, warranties
<br /> or statements of any nature or kind whatsoever to the other, whether express or implied, and , in particular,
<br /> that no representations or warranties have been made with respect to the physical condition or operation
<br /> of the Property, the zoning and other laws , regulations and rules applicable to the Property or the
<br /> compliance of the Property therewith, the occupancy of the Property or any part thereof, the quality or
<br /> condition of the Property , or any other matter or thing affecting or related to the Property or
<br /> the
<br /> transactions contemplated hereby , except as and solely to the extent herein specifically set forth.
<br /> (ii) County agrees to accept the Property " as is, " " where is , " in its present condition ,
<br /> and further agrees that Seller shall not be liable for any latent or patent defects in the Property or bound in
<br /> any manner by warranties , promises, projections, operating statements or other information pertaining to
<br /> the Property heretofore or hereafter made , furnished or claimed to have been made or furnished by Seller
<br /> or any other person or entity including, without limitation , any employee , agent, attorney or other person
<br /> representing or purporting to represent Seller, whether verbally or in writing , except as and solely to the
<br /> extent that the same is expressly set forth herein .
<br /> (iii) The provisions of this Section shall survive the Closing and delivery of the Deed
<br /> or earlier termination of this Agreement.
<br /> 10 . 13 Severability . This Agreement is intended to be performed in accordance with, and only to the
<br /> extent permitted by , applicable law . If any provision of this Agreement or the application thereof to any
<br /> person or circumstances shall be invalid or unenforceable for any reason , the remainder of this Agreement
<br /> and the application of such provision to other persons or circumstances shall not be affected and shall be
<br /> enforced to the greatest extent permitted by law .
<br /> 10. 14 Exhibits . All exhibits referenced in this Agreement are hereby incorporated into this Agreement
<br /> for all purposes .
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