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tag Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing to meet the 104 withholding requirement, Seiler will deliver to Buyer at closing the additional cash necessary to satisfy the los requirement. too 19. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to 107 receive, deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance too with the terms of this ContracL The parties agree that Agent will not be liable to any person for misdeiivery of too escrowed hems to Seller or Buyer, unless the misdelivery is due to Agents willful breach of this Contract or gross zoo negligence. If Agent has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option, sot (a) hold the escrowed items until the parties mutually agree to its disbursement or unlit a court of competent 2oz 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, M Agent will be released from all liability except for the duty to account for Items previously delivered out of escrow, If gas Agent Is a licensed feat estate broker, Agent will comply with Chapter 475, Florida Statutes. in any suit in which Agent los interpleads the escrowed Rams or is made a party because of acting as Agent hereunder, Agent will recover 202 reasonable attorneys fees and costs incurred, with these amounts to be paid from and out of the escrowed items and toe charged and awarded as court costs In favor of the prevailing party. 200 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged 2fo default. If a party falls to comply with any provision of this Contract, the other party will deriver written notice to the non - 2t1 -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, Buyees deposit 215 will be returned In accordance with applicable Florida Laws and regulations. 216 13. DEFAULT: 212 (a) In the event the sale Is not closed due to any default or failure on the part of Seller other then failure to make 210 the title marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek ata specific performance. 0 Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the 22o brokerage fee. 22t (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 deposft(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, Seiler will pay the Brokers named in Paragraph 28 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 falls 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 226 any remedy for Buyer's default. 220 14 ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the 23o 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, za4 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. sae 16. DISCLOSURES: 23? (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 zoo real estate for any com . sion e0. d by the broker under a brokerage agreement. The lien upon the owner's net 240, Buyer t._) (I and Sailornowledge receipt of a copy of this page, which Is Page 5 of 8 Pages, CC -4 Rov.12110 02010 Flodda Asecde0on or REALTOR&° An Righls Reserved Llcansed to Alto Star Software and to: 13-13361e1166.CG2S.120322 Software and added formatting O 2018 Arta Star Software, all rights reserved. • www abstar cam * (877) 279.8898