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1 <br /> 5 . Default . <br /> 5 . 1 In the event the County shall fail to perform any . of its obligations hereunder , the Seller <br /> shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to <br /> the County at or prior to the Closing Date and thereupon neither the Seller nor any other person <br /> or party shall have any claim for specific performance , damages , or otherwise against the <br /> County ; or ( ii ) waive the County' s default and proceed to Closing . <br /> 5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder , the County <br /> shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to <br /> the Seller at or prior to the Closing Date and thereupon neither the County nor any other <br /> person or party shall have any claim for specific performance , damages or otherwise against <br /> the Seller ; or ( ii ) obtain specific performance of the terms and conditions hereof; or ( iii ) waive <br /> the Seller' s default and proceed to Closing . <br /> 6 . Closing . <br /> 6 . 1 The closing of the transaction contemplated herein (" Closing " and " Closing Date " ) shall <br /> take place within 45 days following the execution of the contract by the Chairman of the Board <br /> of County Commissioners . With the written consent of the Sellers , the County or its agent shall <br /> be responsible for obtaining any partial releases or satisfactions of encumbrances on the <br /> Property . The closing date shall automatically be extended by a period of 30 days if the delay <br /> in closing is attributable to obtaining partial satisfaction and release of mortgage ( s ) <br /> encumbering the Property so long as the County is acting in good faith with the holder of the <br /> encumbrance to partially release or satisfy the encumbrance . The parties agree that the <br /> Closing shall be as follows : <br /> ( a ) The Seller shall execute and deliver to the County a warranty deed conveying <br /> marketable title to the Property, free and clear of all liens and encumbrances and in <br />the <br /> condition required by paragraph 3 . WOW <br /> ( e e <br /> p e <br /> or bpitPr rnndaLon t* a + � � ^ + thP_Fff�ctive Date hPrPnf <br /> ( c <br /> ( d ) If the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County an <br /> affidavit , in a form acceptable to the County , certifying that the Seller and any interest holders <br /> are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . <br /> ( e ) The Seller and the County shall each deliver to the other such other documents or <br /> instruments as may reasonably be required to close this transaction . <br /> 6 . 2 Taxes . All taxes and special assessments which are a lien upon the property on or prior <br /> 3 <br />