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Origiinal no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.31 There are no existing or pending special assessments affecting the Property,which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any-other special taxing district. 5. Default. 5A In the event the County shall fail to perform-any of its obligations hereunder, the Seller shall; at its sole option, be entitled to: (i)terminate this Agreement by written notice delivered to the County at or priorto-the Closing:Date.and thereupon neither the Seller nor any other person or party shall have -any claim for specific performance, damages, or otherwise-against the:County;.or(ii)waive the County's default and proceed to Closing. 5.2 In-the event the Seller shall.fail to perform any of its obligations hereunder, the County shall,at its sole option, be entitled to: (i)terminate this Agreement by written notice delivered'to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the.Seller, or(ii)obtain:specific.performance of the terms and conditions hereof; or(iii) waive the Seller's default and proceed to Closing: 6: Closing. I 6.1 The closing of the transaction=contemplated;herein:("Closing"'and".Closing Date") shall take place within 45'd°ays following the:execution of the contract°by the Chairman of the- Board of County Commissioners. The parties;agree that the Closing-shall be as follows:. (a) The Seller shall execute and deliV.er to the County a warranty deed conveying marketable titleto the.Property, free and clear of.all liens and encumbrances and in the condition.required by paragraph 3. (b) The Seller shall have removed:all of.its personal property-and eouipment-from the Property and Seller shall deliver possession.of the Property to County vacant and in the same or better condition that existed at the Effective Date.hereof. (c) If Seller is-obligated to discharge any encumbrances at or prior to Closing and fails to-do-so County-.may use a portion of Purchase Price`funds4q satisfy the encumbrances. (d). If the Seller is a'non-resident alien orforeign entity,.Sellersfiall:delivertothe County an affidavif, in a form acceptablb-to the'County,=certifying.that the Seller and:any interest holders are.not.subject to tax under the Foreign Investment and Real Property Tax Act of 1980. 3. 22