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TERMINATION NOTICE AND AGREEMENT <br />('Buyer") hereby executes this Termination Notice and Agreement <br />(this "Notice of Termination") as of this _ day of , 201_ (the "'Termination <br />Effective Date"). <br />RECITALS <br />A. Buyer and , a ("Seller") <br />entered into a certain Agreement for Sale and Purchase of Property dated 0.201— <br />(the "Contract") pursuant to which Seller agreed to sell and Buyer agreed to purchase the <br />Property (as such term is defined in the Contract). <br />B. Pursuant to this Notice of Termination, Buyer desires to terminate the Contract in <br />accordance with the terms thereof. <br />NOW, THEREFORE, pursuant to this Notice of Termination and in accordance with the <br />terms of the Contract, Buyer hereby notifies Seller and agrees as follows: <br />1. As of the Termination Effective Date, the Contract is terminated and of no further <br />force and effect. Neither Buyer nor Seller shall have any further rights or obligations thereunder, <br />provided, however, and notwithstanding the foregoing, Buyer acknowledges and agrees that <br />Buyer shall remain obligated with respect to any and all obligations that by the express terms of <br />the Contract are intended to survive termination of the Contract. <br />2. Buyer warrants and represents that it has previously or simultaneously herewith <br />delivered to Seller all Due Diligence Reports (as such term is defined in the Contract). <br />3. Buyer hereby acknowledges and agrees that it has no right, title, claim or interest <br />in and to the Property. <br />4. Buyer warrants and represents that to the extent Buyer undertook any physical <br />testing of the Property which modified the physical condition of the Property, Buyer has fully <br />restored the Property to its original condition. <br />5. By Buyer's execution of this Notice of Termination and fulfillment of the <br />statements in Paragraph 2 and Paragraph 4 hereof, it shall be deemed that Seller and Buyer <br />hereby direct, in its capacity as Escrow Agent, to <br />immediately return the Deposit (as such terms are defined in the Contract) to Buyer. <br />MIAMI 2957652.8 79037/33274 <br />113 <br />