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Zoe (b) WALK-THROUGH ?INSPECTIONIRE-INSPECTION: On the day prior to Closing. Date, or on Closing Datwpiior
<br /> 210 t6"tilTibi of Closing, as , specified by Buyer, Buyer or Buyer's representative may perform a walk=through (and
<br /> 211 follow-ups walk:through, if necessary) Inspection of the Property. solely to confirm that all items. of. Personal
<br /> 212 Propertyj are on: the Property and to verify that Seller has maintained the Property as _required by the AS IS
<br /> 213 Maintenance Requirement and has . met all other contractual obligations.
<br /> 214 (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's
<br /> 215 inspection of the Property identifies open or needed building permits, then Seller shall .promptiy deliverto
<br /> 216 Buyer all plans, written documentation or other Information in Seller's possession; knowledge, or control
<br /> 217 relatingAo Improvements to the Property which are the subject of such open or needed; Permits, andNshall
<br /> 21e promptly cooperate in. good: faith with Buyet's efforts to obtain:esttmates of repairs- or:other work necessary; to
<br /> 219 resoivw- such Permit: issues: Seller's obligation to cooperate shall include Seller's execution of necessary
<br /> 220 authorizations, consents, or other documents necessary for Buyer to conduct inspections and have estimates
<br /> 221 of such repalrs or work prepared, but in fulfilling such obligation, Seller shall not be required to expend,
<br /> or
<br /> 222 become �obligated Wexpend, any money.
<br /> W (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and
<br /> 224 cost, Seller will, at Closing, assign all assignable repair, treatment and maintenance contracts and warranties
<br /> ° 225 to Buyer.
<br /> 228 ESCROW AGENT AND BROKER
<br /> 2v 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent°) receiving the Deposit, other funds
<br /> 228 and other items is authorized, . and agrees by acceptance of them, to deposit them promptly, hold same in escrow
<br /> 229 within the State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions
<br /> 230 of this Contract Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting
<br /> 231 demands for the Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent
<br /> 232 may take such actions permitted by this Paragraph 13, as Agent deems advisable, if in doubt as to Agent's duties
<br /> 233 or liabilities under this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow
<br /> 234 until the parties agree to its disbursement or until a final judgment of a court of competent jurisdiction
<br /> shall
<br /> 235 determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction
<br /> 236 of the dispute. An attorney who represents a party and also acts as Agent may represent such party in such
<br /> m? action . Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate,
<br /> 235 except to the extent of accounting for any items previously delivered out of escrow. if a licensed real
<br />estate
<br /> 239 broker, Agent will comply with provisions of Chapter 475, F.S. , as amended and FREC rules to timely resolve
<br /> 240 escrow disputes through mediation, arbitration, Interpleader or an escrow disbursement order.
<br /> 241 Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder,
<br /> 242 or In proceeding where Agent intarpleads the subject matter of the escrow, Agent shall recover reasonable
<br /> 243 attorney's fees and costs incurred , to be paid pursuant to court order out of the escrowed funds or equivalent.
<br /> 244 Agent shall not be liable to any party or person for mis-delivery of any escrowed items , unless such mis-delivery is
<br /> 245 due to Agent's willful breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing
<br /> 246 or termination of this Contract.
<br /> 247 14. PROFESSIONAL ADVICE$ BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition,
<br /> 248 square footage, and ail other facts and representations made pursuant to this Contract and to consult appropriate
<br /> 249 professionals for legal, tax, environmental, and other specialized advice concerning matters affecting the Property
<br /> 250 and the transaction contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the
<br /> 251 Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or
<br /> 252 public records. BUYER : AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND
<br /> 253 GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND
<br /> 284 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL,
<br /> 255 WRITTEN OR OTHERWISE) OF BROKER. Buyer and Seller (individually, the 'Indemnifying Party") each
<br /> 268 Individually indemnifies, holds harmless, and releases Broker and Broker's officers, directors, agents and
<br /> 267 employees from all liability for loss or damage, including all costs and expenses, and reasonable attorney's fees
<br /> 268 at all levels; suffered or incurred by Broker and Broker's officers, directors, agents. and employees In connection
<br /> 259 with or :artsing from claims, demands or causes of action instituted by Buyer or Seller based on: (1) inaccuracy of
<br /> 280 information provided by the Indemnifying Party or from public records; (11) . indemnifying Party's misstatement(s) or
<br /> 281 failure to performcontractual obligations; (iii) Broker's performance, at Indemnifying Party's request, of any task
<br /> 282 beyond the scope of services regulated by Chapter 475, F.S. , as amended, including . Broker's referral,
<br /> zea recommendation or retention of any vendor for, or on behalf of, Indemnifying Party; (iv) products or services
<br /> 264 provided by any suchvendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by any such
<br /> 205 vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective vendors
<br /> 266 and paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will not
<br /> 267 relieve Broker of statutory obligations under Chapter 475, F. S. , as amended. For purposes of this Paragraph 14,
<br /> Buyer's Initials Page 5 of 10 Seller's initials
<br /> FlorldeRealtors/Florlda'Is Pa ASIS-1 Rev. 6/10 0 2010 Florlds Realtors® and The Florida Bar. All rights reserved.
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