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DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B <br />Attachment 3 <br />11201 Shaker Blvd STE 203 <br />Cleveland OH 44104 <br />Attention: Mr. Haim Mayan <br />14 <br />A ,1 Telephone. (954) 274-0551 <br />J VI Email: haim @mayangroup.us <br />Address: 32215 th <br />Cec-eat �••,��3q-33 <br />Attention: "4- h'4_;. -_••• Di0g0F <br />Telephone: <br />Facsimile:{395}? <br />Email: <br />Escrow Agent/Counsel: Stearns Weaver Miller <br />Weissler Alhadeff & Sitterson, P.A. <br />150 West Flagler Street, Suite 2200 <br />Miami, FL 33130 <br />Attention: Brian McDonough <br />Telephone: (305) 789-3350 <br />Email: BMcDonough ftstearnsweavercom <br />Notice shall be deemed given if forwarded by certified mail through the facilities of the United States <br />Postal Office on the day following the date that the notice in question is deposited in the facilities of <br />the United States Postal Service. If notice is forwarded by express overnight courier, it shall be <br />deemed given on the day following the date that the notice in question is deposited in the facilities of <br />an express overnight courier. Notice may also be provided by confirmed facsimile or via electronic <br />mail. <br />28. Assignment. This Agreement may be assigned by Buyer. Seller may not assign its <br />rights under this Agreement. <br />29. Limited Power of Attorney. Following the expiration of the Investigation Period, <br />Seller authorizes Buyer to act on behalf of Seller for the limited purpose of applying for and <br />obtaining approvals and executing various other applications, agreements and other documents <br />related to the Contemplated Improvements to be developed on the Properly ("Building <br />Approvals'), so long such Building Approvals do not irrevocably bind the Property. Building <br />Approvals may include applications for site plan approvals, building permits, zoning waivers and <br />other applications similar in nature, and also may include executing various agreements with <br />public or provide utility providers, municipalities or other government authorities, and other <br />agreements related to obtaining a final building permit and/or permit ready letter. <br />30. Attorneys' Fees. In the event that it becomes necessary for either party to bring <br />suit to enforce the terms of this Agreement, then the prevailing party shall be entitled to recover <br />all costs, including attorneys' fees, incurred in connection with such litigation (including appellate <br />proceedings) against the non -prevailing party. This provision shall survive the Closing of the <br />transaction. <br />31. Force Maieure: Neither Party shall be liable for any failure or delay in <br />performance of its obligations under this Agreement arising out of or caused, directly or indirectly, <br />by circumstances beyond its reasonable control, including, without limitation, acts of God; <br />earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; <br />epidemics; pandemics; riots; power failures; computer failure and any such circumstances beyond <br />12 <br />148 P J t <br />