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193 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing.to meet the 194 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 195 requirement 196 10. ESCROW AGENT:Seller and Buyer authorize Escrow Agent or Closing Agent(collectively"Agent') to 197 receive, deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance 198 with the terms of this Contract.The parties agree that Agent will not be liable to any person for misdelivery of 199 escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross 200 negligence. If Agent has doubt as to Agent's duties or obligations under this Contract,Agent may, at Agent's option, 201 (a)hold the escrowed items until the parties mutually agree to its disbursement or until a court of competent 202 jurisdiction or arbitrator determines the rights of the parties or(b)deposit the escrowed items with the clerk of 203 the court having jurisdiction over the matter and file an action in interpleader. Upon notifying the parties of such action, 204 Agent will be released from all liability except for the duty to account for items previously delivered out of escrow. If 205 Agent is a licensed real estate broker,Agent will comply with Chapter 475, Florida Statutes. In any suit in which Agent 206 interpleads the escrowed items or is made a party because of acting as Agent hereunder,Agent will recover 207 reasonable attorney's fees and costs incurred, with these amounts to be paid from and out of the escrowed items and 208 charged and awarded as court costs in favor of the prevailing party. 209 11.CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged 210 default. If a party fails to comply with any provision of this Contract,the other party will deliver written notice to the non- 211*complying party specifying the non-compliance.The non-complying party will have_days(5 days if left blank)after 212 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 213 12.RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is 214 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit 215 will be returned in accordance with applicable Florida Laws and regulations. 216 13. DEFAULT: 217 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make 218 the title marketable after diligent effort, Buyer may either(1)receive a refund of Buyer's deposit(s)or(2)seek 219 specific performance. If Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the 220 brokerage fee. 221 (b)In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either(1) retain 222 all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 223 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or(2)seek 224 specific performance. If Seller retains the deposit, Seller will pay the Brokers named in Paragraph 20 fifty percent 225 of all forfeited deposits retained by Seller(to be split equally among the Brokers)up to the full amount of the 226 brokerage fee. If Buyer fails to timely place a deposit as required by this Contract, Seller may either(1)terminate 227 the Contract and seek the remedy outlined in this subparagraph or(2)proceed with the Contract without waiving 228 any remedy for Buyer's default. 229 14.ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract,the 230 prevailing party,which for purposes of this provision will include Buyer, Seller and Broker,will be awarded reasonable 231 attorneys'fees, costs, and expenses. 232 15.NOTICES:All notices will be in writing and may be delivered by mail, overnight courier, personal delivery,or 233 electronic means. Parties agree to send all notices to addresses specified on the signature page(s).Any notice, 234 document, or item given by or delivered to an attorney or real estate licensee(including a transaction broker) 235 representing a party will be as effective as if given by or delivered to that party. 236 16. DISCLOSURES: 237 (a)Commercial Real Estate Sales Commission Lien Act:The Florida Commercial Real Estate Sales 238 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of commercial 239 real estate for any commis n earned by the broker under a brokerage agreement. The lien upon the owner's net 240* Buyer wd I ( )and Seller / acknowledge receipt of a copy of this page,which is Page 5 of 8 Pages. CC-4 Rev.12/10 02010 Florida,•sociation of REALTORS° All Rights Reserved Licensed to Ma Star Software and ID:D-902260231.4W5H.120325 Software and added formatting©2017 Alta Star Software,all rights reserved.•www.altastar.com•(877)279-8898