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Other Documentation . Such other documents as may be reasonable and necessary in the opinion of the Seller or its counsel to consummate and close the purchase and sale contemplated herein pursuant to the terms and provisions of this Agreement. 10 . RISK OF LOSS . a. Condemnation . If, prior to the Closing, action is initiated to take any of the Property by eminent domain proceedings or by deed in lieu thereof, Buyer may either (a) terminate this Agreement by written notice to Seller delivered to Seller within ten ( 10) days following the date that Seller delivers to Buyer written notice of such proposed taking, or (b) consummate the Closing, in which latter event the award of the condemning authority shall be assigned to Buyer at the Closing. b . Casualty . Seller assumes all risks and liability for damage to or injury occurring to the Property by fire, storm, accident, or any other casualty or cause until the Closing has been consummated. If the Property, or any part thereof, suffers any damage in excess of five percent (5%) of the Purchase Price prior to the Closing from fire or other casualty, which Seller, at its sole option, does not repair, Buyer may either (a) terminate this Agreement by written notice to Seller delivered to Seller within ten ( 10) days following the date that Seller delivers to Buyer written notice of such casualty and Seller' s intent not to repair, or (b) consummate the Closing, in which event the proceeds of any insurance not exceeding the Purchase Price and covering such damage shall be assigned to Buyer at the Closing. If the Property, or any part thereof, suffers any damage less than the aforementioned amount prior to the Closing, Buyer agrees that it will consummate the Closing and accept the assignment of the proceeds of any insurance covering such damage at the Closing . In the event of casualty damage pursuant to this Paragraph, the Closing Date shall be postponed for a reasonable period (not to exceed thirty (30) days) to permit Seller to do so . ll . DEFAULTS . a. Breach by Seller. If Seller breaches this Agreement, Buyer may, as Buyer's sole and exclusive remedy hereunder, terminate this Agreement and thereupon shall be entitled to the immediate return of the Deposit as well as liquidated damages in the amount of One Hundred and No/ 100 ($ 100 . 00) Dollars (and not as a penalty) or in the alternative, Buyer may prior to that date that is ten ( 10) days following the original scheduled or mutually agreed upon extended Closing Date , bring an action for specific performance of this Agreement (but in connection therewith shall not be entitled to damages as a result of Seller' s breach or delay) . Seller and Buyer have made the above provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and that these sums represent reasonable compensation to Buyer for such breach. In no event shall Seller be liable to Buyer for any actual , punitive , speculative , consequential or other damages of any kind. b . Breach by Buyer. If Buyer breaches this Agreement, Seller may, as Seller' s sole remedy and relief hereunder, terminate this Agreement and thereupon be entitled to receive the Deposit as liquidated damages (and not as a penalty) . Seller and Buyer have made the above provision for liquidated damages because it would be difficult to calculate , on the date hereof, the SLK SAR: # 191001v2 10