2007-026A - Laserfiche WebLink

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from the Property to the satisfaction of Purchaser prior to the exercise of the option by Purchaser. 15 . RIGHT TO ENTER PROPERTY AND POSSESSION . Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents , upon reasonable notice , shall have the right to enter the Property for all lawful purposes in connection with the this Agreement . With regard to any entry by Purchaser upon the Property prior to closing , Purchaser's liability to Seller or to any third party shall be subject to the limitations and conditions specified in section 768 .28 , Florida Statutes. Seller shall deliver possession of the Property to the County at closing . 16 . ACCESS . Seller warrants that there is legal ingress and egress for the Property over public roads or valid , recorded easements that benefit the Property. 17 . DEFAULT. In the event Purchaser fails to perform any of its obligations hereunder, the Seller shall , at Seller's sole option , be entitled to : (i) terminate this Agreement by written notice delivered to Purchaser at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance , damages , or otherwise against the Purchaser; or (ii) waive Purchaser' s default and proceed to Closing . In the event Seller fails to perform any of its obligations hereunder, Purchaser shall , at its sole option , be entitled to : (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the Purchaser nor any other person or party shall have any claim for specific performance , damages or otherwise against the Seller; (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive Seller's default and proceed to Closing . In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals , each party will be responsible for its own attorney's fees and costs . 18 . BROKERS . Seller warrants that no persons , firms , corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing , except as accurately disclosed on the Closing Documents . . Seller shall indemnify and hold Purchaser harmless from any and all such claims , whether disclosed or undisclosed . 19 . RECORDING . This Agreement may not be recorded . 20 . ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event Purchaser will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser. 21 . TIME . Time is of essence with regard to all dates or times set forth in this Agreement. 5