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297 Buyer and Seller (individually, the 'Indemnifying Party') each individually indemnifies, holds harmless, and releases
<br />28e Broker and Broker's officers, directors, agents and employees from all liability for loss or damage, including all costs
<br />23e and expenses, and reasonable attorney's fees at ell levels, suffered or incurred by Broker and Broker's officers,
<br />280 directors, agents and employees to connection with or arising from claims, demands or causes of neon instituted by
<br />291 Buyer or Seller based on: (1) inaccuracy of information pnavided by the Indemnifying Party or from public records;
<br />292 Indemnifying Partys misstatements) or failure to perform contractual obligations; (i) Broker's performance, at
<br />ens ]ndemnifyfng Party's requea., of any task beyond the scope of services regulated by Chapter 475, F.S., as amended,
<br />294 including Broker's referral, recommendation or retention of any vendor for, or on behalf of indemnifying Party; (W)
<br />les products or services provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by
<br />ter: any such vendor. Buyer and Seller each assumes full responsibiilty for selecting and compensating their rsspectve
<br />z97 vendors and paying their other costs under this Contr a4t whether or not this transaction closes. This Paragraph 14 will
<br />298 not relieve Broker of statutory obligations under Chapter 476, F.S., as amended. For purposes of this Paragraph 14,
<br />299 Broker will be treated as a party to this Contract This Paragraph 14 shaft survive Closing or termination of this Contract
<br />eee DEFAULT AND DISPUTE RESOLUTION
<br />Sar 15. DEFAULT:
<br />SU (a) BUYER DEFAULT: If Buyer falls, neglects or refuses to perform Buyer's obligations under this Contract, including
<br />303 payment of the Deposit, within the time(e) specified, Seller may elect to recover and retain the Deposit for the
<br />334 account of Seller as agreed upon liquidated damages, consideration for execution of this Contras and in full
<br />sus settlement of any claims, whereupon Buyer and Seiler shall be relieved from all further obligations under this
<br />Sot+ Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity to errfome Seller's rights
<br />307 under this Contract The portion of the Depose, if any, paid to Listing Broker upon default by Buyer, shall be split
<br />30 equally between L.4sSng Broker and cooperating Broker; provided however, Cooperating Broker's share shall not be
<br />ace greater than the commission amount Liseng Broker had agreed to pay to Cooperating Broker.
<br />310 (b) SELLER DEFAULT: If for any reason other than failure of Seller to nuke Setter's tide rnarketabie after reasonable
<br />311 diligent art, Seder faits, neglects or refuses to perform Seller's obligations under this Contract, Buyer may eleot to
<br />sit receive return of Buyer's Deposit without thereby waiving any action for damages resulting from Seller's breach,
<br />sus and, pursuant to Paragraph 46, may seek to recover such damages or seek specific performance.
<br />314 This Paragraph 16 shah survive Closing or termination of this Contract.
<br />315 16. DISPUTE RESOLUTION: Unresolved controversies. claims and curer matters in question between Buyer and Seller
<br />sia arising out of, or relating to, this Contract or Its breach, enforcement or interpretation (°Dispute'' will be settled as
<br />317 follows:
<br />318 (a) Buyer and Seller will have 10 days atter the date conflicting demands for the Deposit are made to attempt to
<br />319 resolve such Dispute, falling which, Buyer and Seiler shall subrntt such Dispute to medlaton under Paragraph
<br />320 16(b)..
<br />szi (b) Buyer and Setter shalt attempt to settle Disputes in en amicable manner through mediation pursuant to Florida
<br />s22 Rules for Cer ified and CourteAppoinied Merefrators and Chapter 44, F.S., as amended (ihe."Medfatiop Ru)ed'), The
<br />523 mediator trust be ceriilled or must have experience in the real estate industry. Injunctive relief may be sought
<br />azo without first complying with this Paragraph 16(6). Disputes not settled pursuant to this Paragraph 16 may be
<br />326 resolved by instituting action in the appropriate court laving jurisdiction of the Matter. This Paragraph 16 shall
<br />22e survive Closing or termination of this Contract
<br />ST7 17. A'TTORNEY'S FEES; COSTS: The parties w1C split equally any mediation fee. Incurred in any mediation perrnitted by
<br />Sze this Contract; and each party will pay their own casts, expenses and fees, including attorney's fees, incurred in
<br />322 conducting the mediation. In any tr"lrgation permitted by this Contract the prevailing party shall be entitled to recover
<br />sac from the non -prevailing party msts and fees, Including reasonable attorneys fees, incurred in conducting the Ogaden.
<br />eat This Paragraph 17 shall survive Closing or termination of oris Contract.
<br />332 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS")
<br />ass 18. STANDARDS:
<br />Sao A. TTTLa
<br />385 (1) TITLE EViDENCE; RESTRICTIONS; EASEMENTS; UMITATIONS: Within the fine period provided In Paragraph
<br />ase 9(c), the Title Corrvnitrnent, veer legible copies of instnrments meted as exceptions attached thereto, shall be issued and
<br />337 delivered to Buyer. The Tree Commitment shalt set forth those matters to be discharged by Seller at or before Closing
<br />338 and shall provide that, upon recording of the deed to Buyer, an owner's poiioy dale insurance in the amount of the
<br />838 Purchase •Price, shall be issued to Buyer insuring Buye's marketable free to the Real Property, subject only to the
<br />see ibflowing matters: (a) comprehensive land use plans, zoning. and other land use restrictions, prohibition and
<br />341 requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwise
<br />sae common to the subdivision; (o) outstanding oil, gas and mineral rigtiis of ri:cord wlttsout right of catty; (d) unpletted
<br />us public utility easements of record (located oontiguous to reel property lines and not mora then 10 feet In width as to rear
<br />344 or front lines and 7 112 fest in width as to side Ines); (e) taxes for year of posing and subsequent years; and (f)
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