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violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property. 4. County may order an Ownership and Encumbrance Report with respect to the Propoerty. County shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to Lipfert of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Lipfert cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Lipfert shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Lipfert, to: (i) terminate this Agreement, whereupon it shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 5. Representations of Lipfert. 5.1 Lipfert is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property, which is the subject matter of this Agreement, free and clear of all liens and encumbrances, except for the lease held by Amanda Tongay. 5.2 From and after the Effective Date of this Agreement, Lipfert shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 5.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 6. Default. 6.1 In the event the Lipfert shall fail to perform any of its obligations hereunder, the County shall be entitled to: (i) terminate this Agreement by written notice delivered to the Lipfert at or prior to the Closing Date, and pursue all remedies available hereunder and under applicable law; (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive Lipfert's default and proceed to Closing. 6.2 In the event of a default by the County, the Lipfert shall be entitled, as its sole remedy hereunder, to terminate this Agreement. Lipfert shall have no claim for specific performance, damages or otherwise against the County. 0)