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if- IC ATI
<br /> iii . Claims for amounts due and owing by Seller for taxes, homeowner' s association dues or assessment,
<br /> or any other terms prorated at closing under Section 4 of this Addendum ;
<br /> iv . Buyer or Buyer' s tenants, agents or representative ' s who use or occupy the Property pi for to closing
<br /> and finding.
<br /> v. All indemnities described in this Addendum ( including this Section 18) shall survive the closing and
<br /> fiinding or termination of the Addendum .
<br /> 22 , RISK Or LOSS : In the event of fire, destruction or other casualty loss to the Property after Seller ' s acceptance
<br /> of the Addendum and prior to closing and finding, Seller may, at its sole discretion, repair or restore the
<br /> Property , or Seller may terminate the Addendum . If Seller elects to repair or restore the Property, then Seller
<br /> may, at its sole discretion, limit the amount to be expended . If Seller elects to repair or restore the Property,
<br /> Buyer' s sole and exclusive remedy shall be either to acquire the Property in its then current condition at the
<br /> Purchase Price with no reduction thereof because of such loss or terminate the Addendum and receive a refund of
<br /> any Earnest Money . Buyer must notify Seller within three (3 ) days of notification that work has been completed
<br /> of their intent to proceed with purchase or termination of Addendum. If Seller elects not to repair or restore the
<br /> Property then Buyer has the option to purchase the property In its current condition or terminate the Addendum
<br /> and receive a refund of Earnest Money as their sole remedy .
<br /> 23 . EMINENT DOMAIN : In the event that Seller ' s interest in the Property, or any part thereof, shall have been
<br /> taken by eminent domain or shall be in the process of being taken on or before the closing date, either party may
<br /> terminate the Addendum and the Earnest Money shall be returned to Buyer and neither party shall have any
<br /> further rights or liabilities hereunder.
<br /> 24 . SEVERABILITY : The invalidity, illegality or enforceability of any provision of the Addendum shall not affect
<br /> the validity or enforceability of any other provision of the Addendum, all of which shall remain in full force and
<br /> effect.
<br /> 25 . ASSIGNMENT Or ADDENDUM : Buyer shall not assign the option to purchase without the express written
<br /> consent of Seller. Seller at its sole discretion may assign the Addendum without prior notice to, or consent of,
<br /> Buyer.
<br /> 26 , GENDER : Unless the context otherwise requires , singular nouns and pronouns , when used herein , shall be
<br /> deemed to include the plural of such nouns or pronouns, and pronouns of one gender shall be deemed to include
<br /> the equivalent pronoun of the other gender.
<br /> 27 . FORCE MAJEURE : No party shall be responsible for delays or failure of performance resulting from acts of
<br /> God, riots, acts of war, epidemics, power failures, acts of terrorism, earthquakes or other disasters, providing
<br /> such delay or failure of performance could not have been prevented by reasonable precautions and cannot
<br /> reasonably be circumvented by such party through use of alternate sources, workaround plans or other means .
<br /> 28 . NOTICES: All notices required to be given under the Addendum shall be deemed to have been delivered when
<br /> actually received in the case of hand or overnight delivery, electronic mail or by fax with confirmation of
<br /> transmission.
<br /> 29 . ATTORNEY REVIEW : Buyer acknowledges that Buyer has had the opportunity to consult with its legal
<br /> counsel regarding the Agreement to Purchase . Accordingly, the terms of the Agreement are not to be construed
<br /> against any party because that party drafted the Addendum and Addendum or construed in favor of any party
<br /> because that party failed to understand the legal effect of the provisions of the Addendum .
<br /> 30 , ADDITIONAL TERMS OR CONDITIONS :
<br /> a. This Addendum is subject to mortgage insurance approval and investor approval.
<br /> b . Subject property will remain in MLS until transaction is closed and Ended .
<br /> c . This Addendum to Standard Purchase Addendum is subject to Seller ' s receipt of Buyer' s fully executed
<br /> Standard State Purchase Contract.
<br /> Buyer and Seller acknowledge receipt of a copy of this page, which cmrstihltes Page 100E 11 pages .
<br /> SeCl I ilio s Buye�r'ss�Initlnls
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<br /> copying,
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