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issued by Seller' s attorney. County shall have fifteen ( 15 ) days following receipt of the <br /> commitment to deliver written notice to Seller of title defects . Title shall be deemed <br /> acceptable to County if (a ) County fails to deliver notice of defects within the time specified , <br /> or ( b ) County delivers notice and Seller cures the defects within thirty (30 ) days from receipt <br /> of notice from County of title defects (" Curative Period " ) . Seller shall undertake a good faith <br /> effort , but without any obligation to expend more than $ 1 , 000 in such effort , to cure the <br /> defects within the Curative Period and if the title defects are not cured within the Curative <br /> Period , County shall have thirty (30 ) days from the end of the Curative Period to elect , by <br /> written notice to Seller, to : ( i ) to terminate this Agreement , whereupon shall be of no further <br /> force and effect , or ( ii ) accept title subject to existing defects and proceed to closing . <br /> 4 . Representations of the Seller. <br /> 4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the ROW Property , and <br /> is the sole owner of and has good right , title , and authority to convey and transfer the ROW <br /> Property which is the subject matter of this Agreement , free and clear of all liens and <br /> encumbrances . <br /> 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which <br /> would impair or otherwise affect title to any portion of the ROW Property , and shall record no <br /> documents in the Public Records which would affect title to the ROW Property , without the <br /> prior written consent of the County. <br /> 4 . 3 To Seller' s knowledge and belief without investigation , there are no existing or pending <br /> �..► special assessments affecting the ROW Property, which are or may be assessed by any <br /> governmental authority , water or sewer authority , school district , drainage district or any other <br /> special taxing district . <br /> 5 . Default . <br /> 5 . 1 In the event the County shall fail to perform any of its obligations hereunder, the Seller <br /> shall , at Seller' s sole option , be entitled to : ( i ) terminate this Agreement by written notice <br /> delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor <br /> 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 . If <br /> County defaults in its post-closing obligations under this Agreement , Seller may pursue the <br /> exclusive remedy of specific performance as to any such default . <br /> 5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder, the County <br /> shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered <br /> to the Seller at or prior to the Closing Date and thereupon neither the County nor any other <br /> person or party shall have any claim for specific performance , damages or otherwise against <br /> the Seller; or ( ii ) obtain specific performance of the terms and conditions hereof; or ( iii ) waive <br /> the Seller' s default and proceed to Closing . <br /> 1 /1 8/05 3 <br />