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10.2. Default by Seller; Remedies of Purchaser.
<br /> In the event Seller shall fail, neglect or refuse to perform, or otherwise default in the performance
<br /> of, any of the covenants, agreements, duties or obligations set forth in this Agreement on its part to be
<br /> performed within the time or times specified herein and Seller shall fail to cure such default on its part
<br /> within five (5) days following Seller's receipt of a Claim Notice from Purchaser with respect to
<br /> Purchaser's Claim occasioned by Seller's default, Purchaser may (i) institute suit for and proceed against
<br /> Seller in equity for specific performance of this Agreement, or (ii) solely in the event that Seller's default
<br /> is the result of Seller's sale of the Property to a third party in violation of the provisions of this
<br /> Agreement, the material breach or inaccuracy of Seller's representations or warranties contained in
<br /> Section 7. 1 (Seller' s Representations and Warranties) of this Agreement at the time such representation or
<br /> warranty was made, or the existence of any mortgages , liens or encumbrances affecting title to the
<br /> Property which are a result of a voluntary act on the part of Seller after the effective date of the Title
<br /> Commitment, Purchaser may institute a Claim for its actual, out-of-pocket economic damages
<br /> (specifically excluding any ; non-economic damages of any kind or nature; lost or expected profits or
<br /> revenues; incidental or consequential damages; or any speculative, expectancy, remote , punitive or
<br /> exemplary damages) incurred as a result of such default; provided, however, that any such Claim shall
<br /> also be subject to the requirements and limitations set forth in Article 7 . Purchaser and Seller hereby
<br /> acknowledge that the right to seek the remedy of specific performance of this Agreement is hereby
<br /> expressly granted by Seller to Purchaser, notwithstanding the fact that Seller does not and shall not have
<br /> the reciprocal right to seek the remedy of specific performance of this Agreement against Purchaser and
<br /> that the lack of mutuality of remedy in that respect has been fairly negotiated and consciously agreed
<br /> upon by Seller and Purchaser. Notwithstanding the foregoing provisions of this Section 10. 2, Seller shall
<br /> have thirty (30) days (rather than five (5 ) days) to cure a default of Seller occasioned by a breach of any
<br /> Surviving Obligations or any of the representations and warranties of Seller set forth in Section 7. 1
<br /> (Seller' s Representations and Warranties) of this Agreement.
<br /> 11 . MISCELLANEOUS .
<br /> 11 . 1 . Force Maieure.
<br /> If the performance by either party hereto of its respective non-monetary obligations under this
<br /> Agreement is delayed or prevented in whole or in part by inclement weather, acts of God, fire, floods,
<br /> storms, explosions, accidents , epidemics, war, civil disorder, strikes or other labor difficulties, or any law,
<br /> rule, regulation, order or other action adopted or taken by any federal, state or local government authority,
<br /> or any other cause not reasonably within such party's control , whether or not specifically mentioned
<br /> herein, such party shall be excused, discharged and released of performance to the extent such
<br /> performance or obligation is so delayed or prevented by such occurrence without liability of any kind .
<br /> Notwithstanding the foregoing, if, following the occurrence of an event of force majeure as aforesaid, one
<br /> party hereto asserts that such occurrence excuses , suspends or otherwise modifies any of such party's
<br /> obligations, duties or covenants under this Agreement and as a result of such occurrence and assertion the
<br /> other party to this Agreement no longer has the substantial benefit of its bargain under this Agreement,
<br /> then the other party that no longer has the substantial benefit of its bargain as aforesaid may cancel and
<br /> terminate this Agreement provided it exercises such right within a reasonable time after the occurrence of
<br /> force majeure and assertion by the other party as aforesaid.
<br /> 11 . 2. Waivers.
<br /> No release, discharge or waiver of any provision hereof shall be enforceable against or binding
<br /> upon either party hereto unless in writing and executed by both parties hereto. Neither the failure to insist
<br /> upon strict performance of any of the agreements, terms, covenants or conditions hereof, nor the
<br /> acceptance of monies due hereunder with knowledge of a breach of this Agreement, shall be deemed a
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