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upon for a period of not longer than fifteen ( 15) days from and after the <br /> closing date. If Seller's title is rendered unmarketable , Buyer shall within <br /> said fifteen ( 15) day= period , notify Seller in writing of the defect and Seller <br /> shall have fifteen (15) days from the date of receipt of such notification to <br /> cure said defect. In the event Seller fails to timely cure said defect, the Deed <br /> and Closing documents shall be returned to Seller, and simultaneously Buyer <br /> shall vacate the Property and re-convey the same to the Seller by quitclaim <br /> deed. At the sole discretion of Buyer, Buyer may elect to take title as is, <br /> waiving all rights against Seller as to such intervening defect except as may <br /> be available to Buyer by virtue of warranties contained in deed. The escrow <br /> and closing procedures required by this Paragraph shall be waived in the <br /> event the attorney, title agent or Closing Agent insures against adverse <br /> matters pursuant to Section 627 .7841 Florida Statutes. <br /> 21 . Time is of the Essence. Time is of the essence with respect to <br /> all matters set forth in the Agreement. <br /> 22. Governing Law/Attorney' s Fees, This Agreement shall be <br /> construed and interpreted according to the laws of the State of Florida. In <br /> the event of litigation between the parties arising from or pertaining to this <br /> Agreement, the prevailing party shall be entitled to recover from the other <br /> reasonable attorneys' fees and costs, including fees and costs on appeal. <br /> 23 . Recording of this Agreement. Neither this Agreement of <br /> Purchase and Sale nor any memorandum hereof maybe recorded in the <br /> Public Records of any county in the State of Florida. <br /> 24 . Construction of Agreement . This Agreement shall not be <br /> construed more strictly against one party than against the other merely by <br /> virtue of the fact that it may have been prepared by counsel for one of the <br /> parties, it being recognized that both Seller and Buyer have contributed <br /> substantially and materially to the preparation hereof. <br /> 25 . Default. <br /> (A) If, under the provisions hereunder, Corrigan shall be obligated <br /> to complete the exchange , but fails to do so within the applicable period <br /> provided for Closing, the District shall forthwith return or deliver to Corrigan <br /> all papers and other documents relating to the Property, the title <br /> commitment, the survey, engineering studies and reports, site plans, <br /> Environmental Site Assessment and all other information developed by the <br /> District relating to the Property. Further, Corrigan agrees to reimburse the <br /> District for 100% of all costs incurred by the District associated with the <br /> survey, attorneys' fees, title commitment and title insurance, Environmental <br /> Site Assessment(s), and such other costs as may he reasonably incurred by <br /> the District in preparation for closing, in which event Corrigan and the <br /> District shall be deemed released from any and all obligations under this <br /> Agreement , but retaining all other legal rights. <br /> (B) In the event the District defaults hereunder, Corrigan shall <br /> forthwith return or deliver to District all papers and other documents <br /> 12 <br /> 454 <br />