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8 / 10 / 2007 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 person , firm , corporation , or other entity is 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 commission 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. 22 . SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable , the enforceability of the remaining provisions of this Agreement shall not be affected . 23 . SUCCESSORS IN INTEREST . Upon Seller's execution of this Agreement, Seller's heirs , legal representatives , successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option , Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used , the singular shall include the plural and one gender shall include all genders . 24 . ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements , representations , and understandings , whether written or oral , between the parties pertaining to the subject matter contained herein . 25 . WAIVER . Failure of Purchaser or Seller to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained , shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect . 7