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notice, shall have the right to enter the Property for all lawful purposes in <br />connection with this Agreement. With regard to any entry by the County or its <br />representatives upon the Property prior to closing, the County shall be <br />responsible during the term of this Agreement for damage or injury to persons or <br />property resulting from the County's entry upon the Property. With regard to any <br />entry by the District or its representatives upon the Property prior to closing, <br />under an assignment or partial assignment of this Agreement, the District shall <br />be responsible during the tern of this Agreement for damage or injury to persons <br />or property resulting from District' entry upon the Property. The County and the <br />District liability to Seller or to any third party shall be subject to the <br />limitations and conditions specified in Section 768.28, Florida Statutes, and <br />nothing contained herein shall be construed as a waiver of sovereign immunity. <br />Seller shall deliver possession of the Property to Purchaser at closing. <br />16. ACCESS. Seller warrants that there is legal ingress and egress for the <br />Property over public roads or valid, recorded easements for the use and benefit <br />of and as an appurtenance to the Property. <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 <br />elect to receive the return of any money paid, each without waiving any action <br />for damages, or any other remedy permitted by law or in equity resulting from <br />Seller's default. <br />18. BROKERS. Seller warrants that no persons, firms, corporations or other <br />entities are entitled to a real estate commission or other fees as a result of <br />this Agreement or subsequent closing, except as accurately disclosed on the <br />disclosure statement required in paragraph 9. Seller shall indemnify and hold <br />Purchaser harmless from any and all such claims, whether disclosed or <br />undisclosed. <br />19. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser <br />in the appropriate county or counties. In the event Purchaser defaults under <br />this Agreement and this transaction does not close, Purchaser will execute and <br />deliver a quit claim deed to Seller which releases all Purchaser's interest in <br />the Property. <br />20. ASSIGNMENT. This Agreement may be assigned or partially assinged by <br />Purchaser, in which event Purchaser will provide written notice of assignment to <br />Seller. It is understood and agreed by all parties that, if this Agreement is <br />assigned or partially assigned to the District or any other governmental party, <br />all applicable requirements of the District or such other party pertaining to <br />land acquisitions shall be fully complied with, and the closing under this <br />Agreement is made specifically subject to full compliance with such requirements. <br />21. T=. Time is of essence with regard to all dates or times set forth in <br />this Agreement. <br />22. SEVERABILITY. In the event any of the provisions of this Agreement are <br />deemed to be unenforceable, the enforceability of the remaining provisions of <br />this Agreement shall not be affected. <br />23. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, <br />Seller's heirs, legal representatives, successors and assigns will be bound by <br />it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the <br />option, Purchaser and Purchaser's successors and assigns will be bound by it. <br />Page 5 <br />05/05/97 11:O9AM <br />MULTIASG.GH <br />