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fails to do so, the Buyer shall have the option of (1) taking the <br />property as is, together with insurance proceeds, if any, or (2) <br />cancelling the contract and all deposits will be forthwith <br />returned to the Buyer and the parties shall be released of any <br />further liability hereunder. <br />O. MAINTENANCE: Between the date of the contract and the date of <br />closing, the property, including lawn, shrubbery, and pool, if <br />any, shall be maintained by the . Seller in the condition as it <br />existed as of the date of the contract, ordinary wear and tear <br />excepted. <br />P. ATTORNEY FEES AND COSTS: <br />arising out of this contract, <br />entitled to recover all costs <br />attorney's fees. <br />In connection with any litigation <br />the prevailing party shall be <br />incurred, including reasonable <br />Q. DEFAULT: If Buyer fails to perform any of the .covenants of <br />this contract, all money paid pursuant to this contract by the <br />Buyer shall be retained by or for the account of the Seller as <br />consideration for the execution of this contract, and as agreed <br />any liquidated damages and in full settlement of any claims for <br />damages. If the Seller fails to perform any of the covenants of <br />this contract,. all money paid pursuant to this contract by the <br />Buyer, at the option of the Buyer, shall be returned to the Buyer <br />on demand, or the buyer shall have only the right of specific <br />performance. <br />R. PERSONS BOUND: This contract shall bind and benefit the <br />parties hereto, their heirs, personal representatives, successors <br />and assigns (unless provided herein that this contract is not <br />assignable). <br />S. OTHER AGREEMENTS: No agreements or representations, unless <br />incorporated in this contract, shall be binding upon any of the <br />parties. Typewritten of handwritten provisions inserted in this <br />form or attached hereto as addendums shall control all printed <br />provisions in conflict therewith. The covenants of this contraot <br />shall survive delivery of the deed and possession. <br />T. - MAKING TIME OF ESSENCE: Time may be made the essence of this <br />contract by notice in writing to the last known address of t� <br />other party or his attorney, stipulating a reasonable time dor <br />further performance. <br />U. Buyer is purchasing the grojherty described herein in as -is condition. <br />AWARD OF LEGAL FEES FOR DAVID ALLEN GORE APPEAL <br />Attorney Brandenburg informed the Board that there is a <br />statute that sets out that the attorney who takes one of these <br />cases to appeal is entitled to a maximum fee of $2,000. His <br />office, however, feels the award of $8,000 was a proper amount in <br />respect to the amount of work done by the attorney for David <br />Gore, but they felt an obligation to bring this to the Board's <br />attention as it does conflict with the statutory limitation of <br />$2,000, and the Board has the ability to appeal this award. <br />34 <br />APR 19 �ooK 'a F �r 698 <br />