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certificates. Buyer waives any claims against Seller for any damages or defects pertaining to the physical condition of the Property. The terms of this paragraph shall survive closing. 12. Time: All dates, times, and time periods set forth in this Agreement are hereby expressly made to be of the essence of this Agreement. Calendar days shall be used in computing tune periods. Any time periods which shall end or occur on a Saturday, Sunday, or national legal holiday shall extend to the next business day. . 13. Real Estate Broker: All parties to this Agreement represent that his Seller's listing real estate broker involved in this transaction, and that the sale is co -brokered -by N A representing buyer . Seller shallpay a real estate commission as provided for in its agreement with the listing broker, and the parties agree that no other real estate broker is due any commission on this transaction. Buyer hereby indemnifies and holds Seller harmless from any and all claims of any real estate broker or other party who was, may have been, or who otherwise alleges that he/she/it or they were engaged by Buyer and is entitled to a real estate commission or any other fee associated with the Buyer's purchase of the Property.. 14. Buyer's Default: If Buyer fails to close as agreed, then Seller shall, at its option (i) retain Buyer's deposit as agreed upon liquidated damages, consideration for execution of this Agreement, and in full settlement of any claims, whereupon, Buyer and Seller shall be relieved from all other further obligations under this Agreement, and/or (ii) pursue other damages as available at law or equity, including recovery of cost and fees (including reasonable attorney's fees through and including appeal) incurred due to Buyer's default fromBuyer. 15. Seller's Default: If Seller is unwilling or unable to close pursuant to this Agreement contract, its sole obligation shall be to return the Buyer's deposit to Buyer. Buyer shall have no other claims for damages or any other equitable remedy. Buyer waives any right Buyer might have to assert claims for or seek consequential damages, delay damages, or damages related to loss of profit, and Buyer specifically waives the right to sue for specific performance. 16. Merger: This Agreement represents the entire contractbetween Buyer and Seller. No oral or other representations have been made by Seller or its agents to induce Buyer to* sign this Agreement. This Agreement contains the full and complete understanding and agreement of Buyer and Seller with respect to the transaction contemplated herein, and no prior agreements or representations shall be binding upon Buyer or Seller, unless included in this Agreement or any attached rider. 17. Non -Assignment: Buyer may not assign this Agreement without the written consent of Seller, which may be withheld without explanation and for any reason. 18: Offer: The offer shall be valid until at and, in the event of Seller's non-acceptance, the. Deposit shall be promptly refunded to Buyer. 19. Riders: See indemnity Agreement; Existing Condition Acknowledgment; and Water Damage, Toxic Mold, and Environmental Disclosure, Release, and Indemnification Agreement attachedhereto and made a of this Agreement by this reference and which shall survive the closing. Page 5 of 10 /� FL i / Confidential r � j