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ORIGINAL <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 County shall fail to perform any of its obligations hereunder, the <br /> Seller shall , at its 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 . <br /> 5 . 2 In the event the Seller 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 Seller at or prior to the Closing Date and thereupon neither the County nor <br /> any other person or party shall have any claim for specific performance , damages or <br /> otherwise against the Seller; or ( ii) obtain specific performance of the terms and conditions <br /> hereof; or ( iii) waive the Seller' 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 45 days following the approval of the Board of County <br /> Commissioners . The parties agree that the Closing shall be as follows : <br /> (a) The Seller shall execute and deliver to the County a warranty 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 Seller shall have removed all of its personal property and equipment from the <br /> Property and Seller shall deliver possession of the Property to County vacant and in the <br /> same or better condition that existed at the Effective Date hereof. <br /> (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails <br /> to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances . <br /> (d ) If the Seller is a non -resident alien or foreign entity , Seller shall deliver to the County <br /> an affidavit , in a form acceptable to the County , certifying that the Seller and any interest <br /> holders are not subject to tax under the Foreign Investment and Real Property Tax Act of <br /> 1980 . <br /> (e) The Seller and the County shall each deliver to the other such other documents <br /> or instruments as may reasonably be required to close this transaction . <br /> (f) County reserves the right to acquire a boundary survey to confirm parcel <br /> boundaries . <br /> 3 <br />