1999-071 - Laserfiche WebLink

Home Browse Search

L-1 El 16. ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property. Should additional easement or other access documents be necessary for the title insurer to insure public access, Seller shall provide such documents prior to exercise of the option. 17. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid as its sole remedies, and specifically waives any action for damages or any other remedy permitted by law. If Purchaser defaults under this Agreement, Seller may seek any remedy permitted by law or in equity resulting from Purchasers default. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, each party will be responsible for its own attorney's fees and costs. 18. BROKERS. Seller warrants that no persons, firms, corporations or other entities are entitled to the real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement required in paragraph 9. Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 19. RECORDING. This Agreement may not be recorded. 20. ASSIGNMENT. This Agreement may be assigned by Purchaser, in the event Purchaser will provide written notice to Seller. This Agreement may be not be assigned by Seller without the prior written consent of Purchaser. 21. TIME. Time is of the essence with regard to all dates and times set forth in this Agreement. 22. SEVERABILITY. In the event any of the provision of this Agreement are deemed to be unenforceable, the enforceability of the remaining provision of this Agreement shall not be affected. 23. SUCCESSORS IN INTEREST. Upon Sellers execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representation and understandings of the parties. No supplement, modification or amendments to this Agreement shall be binding unless executed in writing by the parties. 25. WAIVER. Failure of Purchaser or Seller to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as waiver or relinquishment for future of any such covenant, condition or right; but the same shall remain in full force and effect.