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151 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parties,
<br />152 conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and to ensure that
<br />153 all Property is on the premises.
<br />154 (d) Disclosures:
<br />155 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
<br />156 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal
<br />157 and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing
<br />158 may be obtained from your county public health unit.
<br />159 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the
<br />160 Real Property.
<br />161 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any
<br />162 business conducted on the Property in the manner operated prior to Contract and will take no action that would adversely
<br />163 impact the Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect
<br />164 the Property or Buyer's intended use of the Property will be permitted only with Buyer's consent Xwithout Buyer's
<br />165 consent.
<br />166 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met
<br />167 and Buyer has timely given any required notice regarding the condition having not been met, Buyers deposit will be returned
<br />168 in accordance with applicable Florida laws and regulations.
<br />169 10. DEFAULT:
<br />170 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title
<br />171 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific
<br />172 performance. If Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee.
<br />173 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all
<br />174 deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this
<br />175 Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance. If
<br />176 Seller retains the deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all
<br />177 forfeited deposits retained by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee.
<br />178 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing
<br />179 party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees,
<br />180 costs and expenses.
<br />181 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a
<br />182 licensed real estate Broker other than:
<br />183 (a) Listing Broker: Lambert Commercial Real Estate, INC.
<br />184 who is A an agent of Seller a transaction broker a nonrepresentative and
<br />185 who will be compensated by X Seller Buyer both parties pursuant to a listing agreement other (specify)
<br />186
<br />187
<br />188
<br />189 (b) Coo
<br />pperating Broker: Real Estate & Management Group, INC.
<br />190 who is : an agent of Buyer a transaction broker a nonrepresentative and
<br />191 who will be compensated by Buyer XSeller both parties pursuant to an MLS or other offer of compensation to
<br />192 a cooperating broker other (specify) 3% commission on the purchase price.
<br />193
<br />194
<br />195
<br />196 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries,
<br />197 introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold
<br />198 Braker harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys'fees at
<br />199 all levels, and from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation
<br />200 in this Paragraph, (2) enforcement action to collect a -brokerage fee pursuant to Paragraph 10, (3) any duty accepted by
<br />201 Broker at the request of Buyer or Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as
<br />202 amended, or (4) recommendations of or services provided and expenses incurred by any third party whom Broker refers,
<br />203 recommends or retains for or on behalf of Buyer or Seller.
<br />204 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise is not
<br />205 assignable X is assignable. The terms "Buyer," "Seller' and "Broker' may be singular or plural. This Contract is binding
<br />206 upon Buyer, Seller a their heirs, personal representatives, successors and assigns (if assignment is permitted).
<br />207 J
<br />208 Buyer ( and Seller ()U acknowledge receipt of a copy of this page, which is page 4 of 5 Pages.
<br />CC -2 01997 Florida Association of REALTORS® All Rights Reserved
<br />This form produced by rtVTjXjfatW 0 800499-9012
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