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<br /> 19 . WAIVERS :
<br /> a. As a material part of the consideration to be received by Seller under the Addendum as negotiated and agreed
<br /> to by Buyer and Seller, Buyer waives the following:
<br /> i . All rights to file and maintain an action against Seller for specific performance and any right to
<br /> record a Its pendens against the property or to record or file the Addendum, tills Addendum or any
<br /> memorandum thereof in the official real property records;
<br /> ii . Any and all claims arising from the adjustments or pro -rations or errors in calculating the same that
<br /> are or may be discovered after closing and funding,
<br /> Ili . Any remedy of any kind, other than as expressly provided in this Addendum , to which Buyer might
<br /> otherwise be entitled by la%v or in equity, whether based on mutual mistake of fact or law or
<br /> otherwise;
<br /> iv . Any right to trial by jury, except as waiver thereof is proluibited by law , in any litigation arising from ,
<br /> or connected with or related to the Addendum;
<br /> v. Any claim for loss or damage, including, without limitation, indirect, special or consequential loss or
<br /> damage arising from, based upon , due to or otherwise related to :
<br /> 1 . Environmental conditions affecting the property, including but not limited to mold, lead
<br /> paint, fuel oil , allergens or other toxic substances of any kind;
<br /> 2 . Encroachments , easements, shortages in area or awry other matter which would be disclosed
<br /> or revealed by a survey or inspection of the property or search of public records .
<br /> In the event Buyer breaches any of the provisions described or contemplated under this Section, and a court
<br /> finds that Buyers legal action is without merit, Buyer shall pay all reasonable attorneys ' fees and costs
<br /> incurred by Seller in defending such action . Amount shall be in addition to any liquidated damages held or
<br /> recovered pursuant to Section 1 of this Addendum . Tire provisions of this Section shall survive the
<br /> closing/fuunding or termination of this Addendum .
<br /> 20 , REMEDIES FOR DEFAULT :
<br /> a . In the event of Buyer ' s default, material breach or misrepresentation of any fact under the terurrs of the
<br /> Addendum, Seller, at its option, may terminate the Addendum and retain the Earliest Money and any other
<br /> funds paid by Buyer as liquidated damages . Seller may also invoke any other remedy expressly set forth iu
<br /> the Addendum (or allowed by law) . Seller is automatically released from the obligation to sell the Property to
<br /> Buyer. Neither Seller nor its representatives, agents, attorneys, successors or assigns shall be liable to Buyer
<br /> for any damages of any kind because of Seller ' s failure to sell and convey the Property. Buyer acknowledges
<br /> and agrees that by signing this Addendum, Seller shall have the right to retain or seek the release of the
<br /> earnest money under this section, without any further action, consent or document from Buyer.
<br /> b. Buyer acknowledges that in the event of termination of the Addendum except for (Buyer' s breach), return of
<br /> Buyer' s Earliest Money will adequately and fairly compensates Buyer. Upon return of the Earnest Money to
<br /> Buyer, the Addendum shall be terminated , and Buyer and Seller shall have no further liability, obligation , or
<br /> responsibility to each othe . Buyer agrees that Seller shall not be liable to Buyer for any speci
<br /> ral ,
<br /> consequential or punitive damages whatsoever, whether in Addendum, tort (including negligence and strict
<br /> liability) or any other legal or equitable principle.
<br /> 21 , INDEMNIFICATION :
<br /> a . Buyer agrees to indemnify and firlly protect, defend and hold Seller, its officers, directors, employees,
<br /> shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors and assigns harmless
<br /> from and against any and all claims, costs, liens, loss, damages, attorneys ' fees and expenses of every kind
<br /> and nature that may be sustained by or made against Seller, its officers, directors, employees, shareholders,
<br /> servicers, representatives , agents, attorneys, tenants, brokers, successors or assigns, resulting from or arising
<br /> out of:
<br /> IInspections or repairs made by Buyer or its agents, employees, contractors, successors or assigns ;
<br /> ii. posed by any governmental entity resulting from Buyer ' s
<br /> The imposition of any fine or penalty im
<br /> failure to timely obtain any permits, approvals, repairs or inspections or to comply with all applicable
<br /> laws, rules, ordinances and regulations ;
<br /> Buyer and Seller acknowledge receipt of a copy of this page, witich constitutes Page 9of 11 pages . (—�
<br /> Seller 's I t all Buyer 's Inilials
<br /> EQUATOR PROPRIETARY. CONFIDENTIAL AND TRADE SECRET INFORMATION. This document contains proprietary and confidentfal Informatlon Ihat Is legally phvilegedMy disclosure,
<br /> copying,
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