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16. ACCESS. Seller warrants that there is legal ingress and egress for the Property <br />over public roads or valid, recorded easements that benefit the Property. Should <br />additional easement or other access documents be necessary for the title insurer to <br />insure public access, Seller shall provide such documents prior to exercise of the option. <br />17. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the <br />default and proceed to closing, seek specific performance, or refuse to close and elect to <br />receive the return of any money paid as its sole remedies, and specifically waives any <br />action for damages or any other remedy permitted by law. If Purchaser defaults under <br />this Agreement, Seller may seek any remedy permitted by law or in equity resulting <br />from Purchaser's default. In connection with any dispute arising out of this Agreement, <br />including without limitation litigation and appeals, each party will be responsible for its <br />own attorney's fees and costs. <br />18. BROKERS. Seller warrants that no persons, firms, corporations or other entities <br />are entitled to the real estate commission or other fees as a result of this Agreement or <br />subsequent closing, except as accurately disclosed on the disclosure statement required <br />in paragraph 9. Seller shalt indemnify and hold Purchaser harmless from any and all <br />such claims, whether disclosed or undisclosed. <br />19. RECORDING. This Agreement may not be recorded. <br />X ASSIGNMENT. This Agreement may be assigned by Purchaser, in the event <br />Purchaser will provide written notice to Seller. This Agreement may be not be assigned <br />by Seller without the prior written consent of Purchaser. <br />21. TIME. Time is of the essence with regard to all dates and times set forth in this <br />Agreement. <br />22. SEVERABILITY. In the event any of the provision of this Agreement are deemed <br />to be unenforceable, the enforceability of the remaining provision of this Agreement <br />shall not be affected. <br />a SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's <br />heirs, legal representatives, successors and assigns will be bound by it. Upon <br />Purchaser's approval of this Agreement and Purchaser's exercise of the option, <br />Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, <br />the singular shall include the plural and one gender shall include all genders. <br />29. ENTIRE AGREEMENT. This Agreement contains the entire agreement between <br />the parties pertaining to the subject matter contained in it and supersedes all prior and <br />contemporaneous agreements, representation and understandings of the parties. No <br />supplement, modification or amendments to this Agreement shall L -w binding unless <br />executed in writing by the parties. <br />25. WAIVER. Failure of Purchaser or Seller to insist upon strict performance of any <br />covenant or condition of this Agreement, or to exercise any right herein contained, shall <br />not be construed as waiver or relinquishment for future of any such covenant, condition <br />or right; but the same shall remain in full force and effect. <br />5 <br />