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enter the Property for all lawful purposes in connection with the this Agreement. With regard to any entry by Purchaser upon the Property prior to closing, Purchaser' s liability to Seller or to any third party shall be subject to the limitations and conditions specified in section 768 .28 , Florida Statutes . Seller shall deliver possession of the Property to the County at closing. 16 . ACCESS . Seller warrants that there is legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property. 17 . DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. If Purchaser defaults under this Agreement, Seller' s sole and exclusive remedy shall be specific performance. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, each party will be responsible for its own attorney's fees and costs . 18 . BROKERS . Seller warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement required in paragraph 9 . Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 19 . RECORDING. This Agreement may not be recorded. 20 . ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event Purchaser will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser 1 21 . TIME. Time is of essen,;e with regard to all dates or times set forth in this Agreement. 22 . SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 23 . SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 25 . WAIVER. Failure of Purchaser or Seller to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26 . AMENDMENTS . No modification, amendment or alteration hereto, shall be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto . 2/ 17/06 Page 6 275