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228 12. PROPERTY INSPEGTIONl: RIGHT <br />229' <br />230 (a) PROF,ERi Y INSPECTIONS AND RIGHT TO CANCEL: Buyer shag have (if hof blank then 15) days <br />after l ective Date {"Inspection} Period') within which to have such inspections of the Properly performed <br />zsI as Buyer shall desire daring the Inspection Period If Buyer determines, in Buyer's sole discretion, that the <br />Property is not acceptable to Buyer, Bayer may terminate this Contract by de/A/erfng written notice of such <br />234 <br />233 election to Seller prior to expiration of lnspecioy Period. ff Buyer timely terminates this Contract the <br />Deposit paid shall be returned to Buyer, thereupon, Buyer and Seller shall be released of all further <br />235 obligations under this Contract; however, Bayer shalt be responsible for prompt paymentfor such <br />23o inspections, for repair of damage 1o, ant restoration of, the Property resulting from wish inspections, and <br />zsr shall provide Seller with paid receipts for all work done on the Property (the preceding provision shall <br />tis <br />las survive termination of this Contract). Unless Boyar exercises the right to terminate granted herein, Buyer <br />accepts the physical condition ohne Property and any violation of governmental, building, environmental, <br />240 .and safety codes, restrictions, or requirements, but subject to Seller's continuing AS IS Maintenance <br />242 <br />242 Requirement and Buyer shall be r esponstb13 for any and alt repairs and improvements required by Buyers <br />lender: <br />243 (b) WALL THROUGH 1NSpECTIOM RE -I 'SPECTION: On The day prior to Closing Date, or an Closing Date prior to <br />ass <br />244 time of Closing, as specfiied by Buyer. Buyer or Buyer's represent ve may perform a walk-through {and follow-up <br />walk -thigh, if necessary) inspection ofthe Properly solely to confmrr that all items ofPersorral Property are on the <br />aye Property and to verify that Seller: as maintained the Property as required by the AS IS Maintenance Requirement <br />247 and has metals other contractual obigations. <br />ZC$ (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-DUT OF BUILDING PERMITS: If Buyers inspection of <br />las the Property identifies open orneeded build -mg permits, than Setter shall promptly deliver to Buyer an plans, written <br />250 documentation or other information in Sellers possession, /mom/ledge, or controt relating to improvements to the <br />252 Property which are the subject of such open or needed Permits, and shall promptly coopa,.r-ate In good fain with <br />252 Buyer's efforts to obtain estimates of repairs or other work necessary to resolve such Permit issues. Seiter's <br />zss obiigefort to cooperate shag include Seller's execution of necessary authorizations, consents, or other decume <br />esz <br />254 necessary for Buyer to conduct Inspections and have estimates of such repairs or worts prepared, but in fol Ifing <br />such obligation, Seller shall not be required to expend, orbecome o5Trgated to expend, any money. <br />(d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyers option a -1d cost <br />Seller 'MU, at Closing, assign all assignable repair, treatment and maintenance Contracts and warranties to Buyer. <br />258 ESCROW AGENT AND BROKER <br />212. ESCROW AGENT: Any Closing Agent or Escrow Agent (cc ecSvely'Agenf') receMng the Deposit, other funds and <br />Bao other frvtns is authorized, and agrees by acoeptance of them, to deposit utero promptly, hold sante in escrow mitlin the <br />259 Sfala of Florida and, subject to COLLECTION, cf.Gbur e them in eceorciance wt`,h term and =acne of this Contract. <br />z8z Failure of Rinds to become COLLECTED shall not excuse Buyer's performance, When conflicting demands for the <br />zss Deposit are received, ar Agent hes a good faith doubt as b entitlement to the Deposr%, Agent may take such actions <br />Zea permitted by this Paragraph 13, es Agent dents aiivitable.'tfin doubt as to iXgents duties or:li Hiles under -this <br />zs7 <br />ass Contract, Agent may. at Agent's option, contuwe to hold the sub;ect matter of the escrow until the parties agree to is 237 clrsbursement of unfit a final judgment of a court of competent juhfsdictiori shall determine the 'tilts of the pante. or 26B Agent may deer same w h the clerk of the cirou t court having jurisdicfron of the dispute. An atnomey wito represents <br />a party and also acts as Agent may represent such party in such action. Upon rrob'iymg all parties concerned of such <br />263 action, ell liability on the part of Agent shall fully terminate, accept to the extent of accounting for any gems previously <br />z7o delivered out of escrow, If a licensed real estate broker, Agent will comply will provlsionS of Chapter 475, F.S., as <br />i71 amended and FREC rules to timely resolve escrow disputes through rnedlattiore argon, Interpleader or an escrow <br />m cfisbutsement order. <br />zrs Any proceeding between Buyer and Seller wherein Agent Is made a party because of acting as Agent hereunder, or in <br />275 <br />275 any proceeding where Agent hterpleads the subject matter of the escrow, Agent shall recover t�eeasoriabe.e aticmey's <br />fees and costs Encazred, to be paid pi suant tc court order out of the escrowed funds or equivalent. Agent shag not be <br />270 liable to any party or person for mis-delivery of any escrowed items, unless such mis,deitvery is due to Agent's vrr7tiu! <br />b <br />277 reach of this Contractor Agents gross negligence. This Paragraph 13 shall sainilVe Closing or ten'aination of this <br />27B Contract. <br />278 14. PROFESSIONAL ADVICE: BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition, square <br />zBo footage, and an other facts and representations made pursuant to this Contract and to consult appropria+s professionals <br />2B1 for legal, t xrn <br />, environett 1, and other spedconcerning aitzed advice conceng matters affecting the Property and the transed:ion <br />282 contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that all <br />zea representations (oral, written or otherwise) by Broker are based on Seller representations or public records. BUYER <br />2Q4 AGREES TO RELY SOLELY ONSELLER, PRO ESSJDNAL INSPECTORS ANI] GOVERNMENTAL AGENCIES <br />.ss FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT <br />ass PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) OF BROKER. <br />Ewes InAiars Page 5 of 11 Se1l8r'3 frill is <br />notldaReahorsrPlaridaBat ASI., -2 Rev.WI3 02013 Florida Redtccsoand The Fbdda Bar, fill rights reserved. _ <br />sertern aoa234.09 r <br />3LZi�i S't??�.iCI� <br />34 <br />