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closing . <br /> 5 . Representations of the Associates . <br /> 5 . 1 Associates is indefeasibly seized of marketable , fee simple title to the <br /> Property , and is the sole owner of and has good right , title and authority to <br /> convey and transfer the Property , which is the subject matter of this Agreement , <br /> free and clear of all liens and encumbrances . <br /> 5 . 2 From and after the Effective Date of this Agreement, Associates shall take <br /> no action which would impair or otherwise affect title to any portion of the <br /> Property , and shall record no documents in the Public Records which would <br /> affect title to the Property , without the prior written consent of the County . <br /> 5 . 3 There are no existing or pending special assessments affecting the <br /> Property , which are or may be assessed by any governmental authority , water or <br /> sewer authority , school district , drainage district or any other special taxing <br /> district . <br /> 6 . Default . <br /> 6 . 4 In the event the Associates shall fail to perform any of its obligations <br /> hereunder, the County shall be entitled to : ( i ) terminate this Agreement by written <br /> notice delivered to the Associates at or prior to the Closing Date , and pursue all <br /> remedies available hereunder and under applicable law ; ( ii ) obtain specific <br /> performance of the terms and conditions hereof; or ( iii) waive the Associate' s <br /> default and proceed to Closing . <br /> 6 . 2 In the event of a default by the County , the Associates shall be entitled , as <br /> its sole remedy hereunder , to terminate this Agreement . The Associates shall <br /> have no claim for specific performance , damages or otherwise against the <br /> County . <br /> 7 . Closing . <br /> 7 . 1 The closing of the transaction contemplated herein (" Closing " and "Closing <br /> Date") shall take place withoin 45 days following the Effective Date of this <br /> Agreement . The parties agree that the Closing shall be as follows : <br /> (a) The Associates shall execute and deliver to the County Nawan4fty <br /> deed conveying marketable title to Parcel 126 and execute and deliver to <br /> the County the described easement to Parcel 326 <br /> For <br /> aFid 4-resyest+ve�y • <br /> 3 <br /> r <br />