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connection with this transaction. Buyer and Seller each hereby agrees to <br />indemnify and hold the other harmless from and against any and all claims <br />for brokerage or finder's fees or other similar commissions or compensation <br />made by any and all other brokers or finders claiming to have dealt with it <br />in connection with this Agreement or the consummation of the transaction <br />contemplated hereby. The obligations in this section shall survive the <br />Closing or the termination of this Agreement for any reason, including <br />pursuant to section 5, 14 or 18 hereof. <br /> <br /> 16. Closing Documents. .Each party shall deliver to the other <br />party or the Title Company such duly executed and acknowledged or verified <br />certificates, affidavits and other usual closing documents respecting the <br />power and authority to perform, the obligations hereunder and as to the due <br />authorization thereof by the appropriate corporate, partnership, or other <br />representatives ac~ing for it, as counsel for the other party or the Title <br />Company may reasonably request. , <br /> <br /> 17. Non-Foreiqn ' C~rtificates. On the Date of Closing, Seller <br />shall deliver to Buyer a certification that Seller is not a non-resident <br />alien (a foreign corporation, partnership, trust, or estate as defined in <br />the Internal Revenue Code and Treasury Regulations promulgated thereunder). <br /> <br /> 18. Remedies. If Seller defaults under this Agreement, Buyer's <br />sole remedy, at law or in equity, shall be one of either (a) the return of <br />the Deposit to Buyer an~ reimbursement by Seller for the Phase I <br />Examination, up to a maximum of $5000; or (b) the right to obtain specific <br />performance of Seller's obligation to convey the Premises pursuant to this <br />Agreement. In no event shall any officer, director or employee of Seller <br />have any personal liability in connection with this Agreement or transaction. <br /> <br /> If Buyer defaults under this Agreement, the sole remedy of <br />Seller shall be to retain the Deposit, which sum the parties fix and settle <br />as liquidated damages for such default of Buyer. <br /> <br /> If either party 'hereto brings' an action at law or other <br />proceeding against the other party to enforce any of the terms, covenants or <br />conditions hereof or any instrument executed pursuant to this Agreement, or <br />by reason of any breach or default' hereunder or thereunder, the party <br />prevailing in such action or proceeding and any appeal thereupon shall be <br />paid all costs and reasonable attorneys' fees by the other party, and in the <br />event any judgment is secured by such prevailing party, all such costs and <br />attorneys' fees shall be included in any such judgment. <br /> <br /> 19. Waiver. No waiver of any breach of any agreement or provision <br />contained herein shall be deemed a waiver of any preceding or succeeding <br />breach of any other agreement-or provision herein contained. No extension <br />of time for the performance of any obligation or act shall be deemed an <br />extension of time for the performance of any other obligation or act. <br /> <br />1014/RNS <br /> <br /> <br />