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upon for a period of not longer than fifteen (15) days from and after the closing date. If Seller's title is rendered unmarketable, Buyer shall within said fifteen (15) day= period, notify Seller in writing of the defect and Seller shall have fifteen (15) days from the date of receipt of such notification to cure said defect. In the event Seller fails to timely cure said defect, the Deed and Closing documents shall be returned to Seller, and simultaneously Buyer shall vacate the Property and re-convey the same to the Seller by quitclaim deed. At the sole discretion of Buyer, Buyer may elect to take title as is, waiving all rights against Seller as to such intervening defect except as may be available to Buyer by virtue of warranties contained in deed. The escrow and closing procedures required by this Paragraph shall be waived in the event the attorney, title agent or Closing Agent insures against adverse matters pursuant to Section 627.7841 Florida Statutes. 21. Time is of the Essence. Time is of the essence with respect to all matters set forth in the Agreement. 22. Governing Law/Attorney's Fees, This Agreement shall be construed and interpreted according to the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover from the other reasonable attorneys' fees and costs, including fees and costs on appeal. 23. Recording of this Agreement. Neither this Agreement of Purchase and Sale nor any memorandum hereof maybe recorded in the Public Records of any county in the State of Florida. 24. Construction of Agreement. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both Seller and Buyer have contributed substantially and materially to the preparation hereof. 25. Default. (A) If, under the provisions hereunder, Corrigan shall be obligated to complete the exchange, but fails to do so within the applicable period provided for Closing, the District shall forthwith return or deliver to Corrigan all papers and other documents relating to the Property, the title commitment, the survey, engineering studies and reports, site plans, Environmental Site Assessment and all other information developed by the District relating to the Property. Further, Corrigan agrees to reimburse the District for 100% of all costs incurred by the District associated with the survey, attorneys' fees, title commitment and title insurance, Environmental Site Assessment(s), and such other costs as may he reasonably incurred by the District in preparation for closing, in which event Corrigan and the District shall be deemed released from any and all obligations under this Agreement, but retaining all other legal rights. (B) In the event the District defaults hereunder, Corrigan shall forthwith return or deliver to District all papers and other documents 12 454