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0 <br />which would impair or otherwise affect title to any portion of the Property, and shall record <br />no documents in the Public Records which would affect title to the Property, without the <br />prior written consent of the Buyers. <br />4.3 There are no existing or pending special assessments affecting the Property, which <br />are or may be assessed by any governmental authority, water or sewer authority, school <br />district, drainage district or any other special taxing district. <br />5. Default. <br />5.1 In the event the Buyers shall fail to perform any of its obligations hereunder, the <br />County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice <br />delivered to the Buyers at or prior to the Closing Date -and thereupon retain the Escrowed <br />Funds as liquidated damages Neither the County nor any other person or party -shall have <br />any claim for specific performance, damages, or otherwise against the Buyers; or (ii) waive <br />the Buyer's default and proceed to Closing. <br />5 2 In the event the County shall fail to perform any of its obligations hereunder, the <br />Buyers shall, at its sole option, be entitled to terminate this Agreement by written notice <br />delivered to the County at or prior to the Closing Date and thereupon neither the Buyers <br />nor any other person or party shall have any claim for specific performance, damages or <br />otherwise against the County; or (ii) waive the County's default and proceed to Closing. <br />6 Closing. <br />6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") <br />shall take place within 30 days following the Effective Date of this Agreement. The parties <br />agree that the Closing shall be as follows: <br />(a) The County shall execute and deliver to the Buyers a County Deed conveying <br />marketable title to the Property, free and clear of all liens and encumbrances and in the <br />condition required by paragraph 3. <br />(b)- The -County -shall -have rcmovod all of its personal prnrarty and Aqi iipmPnt from tha <br />Property and the County shall deliver possession of the Property to Buyers vacant and in <br />the same or better condition that existed at the Effective Date hereof. <br />(c) If County is obligated to discharge.any encumbrances at or prior to Closing and fails <br />to do so, Buyers may use a portion of Purchase Price funds to satisfy the encumbrances. <br />(d) If the County is a non-resident alien or foreign entity, County shall deliver to the <br />Buyers an affidavit, in a form acceptable to the Buyers, certifying that the County and any <br />interest holders are not subject to tax under the Foreign Investment and Real Property Tax <br />Act of 1980. <br />