2002 034 Ordinance - Laserfiche WebLink

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B. Seller sha11 order final meter rea,dings to be inade as of the Closing Date for a11 utilities serving the Property, and Seller shall pay a11 final bills rendered from such meter reading. C. The Escrow Agent shall charge to Seller: (1) all prorations chargeable to Seller; (2) the amount of any special assessmeixt payable by Seller; (3) the cost of removing or discharging any defect, lien or encumbrance required for conveyance of the Property as required by this Agreement; (4) the cost of title exam; (5) orie-half the escrow fee; (6) the conveSTance fee and transfer taxes; (7) one-half of the premium of the Title Policy; (8) the cost of deed preparation; and (9) any reat estate broker's commission required to be paid by Seller. D. The Escrow Agent shall charge to Buyer; (1) all prorations chargeable to Buyer; (2) the cost of recording the deed; (3) one-half the escrow fee; and (4) one-half of the premium of the Title Policy. 11. NOTICE. All notices given pursuant to this Agreement shall be communicated in writing (uicluding by facsimile or electronic mail) and sha11 be deemed given upon actual receipt. 12. TERMINATION. If aparty has perfornled its obligations under tlus Agreement and, being entitled to do so, that party has elected to teiminate this Agreement, then that party shall give the other parry and the Escrow Agent written notice af the ternunation within three (3) da,ys following the date on which the right to terminate arose (or such other date as specified herein). Except as otherwise specified in this Agreement, upon any such peniutted termuiation, the Escrow Agent shall promptly retum the Deposit to Buyer and return all funds and documents to the pariy wluch deposited them, whereupon Seller, Buyer and tlie Escrow Agent shall be relieved of any liability hereunder, eACept that Seiler be liable for any title and escrow charges incurred to prior tQ the termination. 13. DEFAULT: RENiEDIES. Tune is of the essence of this 1-lgreement. If Buyer fails to malce payment of the Purchase Price promptly when the same shall become due, or defaults in the performance of any covenant or agreement hereni contained, and such failure or defa,ult continues for S da.ys following written notice from Selier, then Seller may termuiate this Agreement. LTpon such termination, the Escrow Agent shall deliver the I)eposit (after deducting any title and escrow charges incurred prior to such termination) to Seller as liquidated damages as Seller's sole remedy for such default, unless Seller notifies the Escrow Agent and Buyer upon such tennination of Seller's election to pursue other legal or equitable remedies. If Seller faiis to perform auy obligatioii or defaults ui the performance of any covenant, a.ud such failure continues for 5 days following written notice from Buyer, Buyer may elect to ternunate this Agreement_ Upon such tennination, the Escrow Agent shall deliver the earnesfi money paid to Buyer as Buyer's sole remedy for such default, unless Buyer notifies the Escrow Agent and Seller upon such ternunation of Buyer's election to pursue other legal or equitable remedies. 14. ENTIRE AGREEMENT. This Agreement, including any Addendum Clauses, constitutes the entire agreeinent between the parties. No other conditions, representa.tions, warranties or agreements, expressed or implied, have been made or relied upon by Buyer or Seller. 15. MULTIPLE ORI?`iINALS; FACSIMILE. B'his Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original birt all of wluch shall constitute one and the same instrument. This Agreement shall be effective if executed by facsimile. 16. PARTIES BOLTND AND BENEFITED. This Agreement sha11 bind and benefit the parties hereto a..? +h?;u r?spective heirs, personal representa.tives, successors and assigns.