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C. Seller's Performance S?i!er aha!1 have duly perfc,,,,2d each aid <br />every obligation, covenant and agreement 1?ere+.:nder to be p9rfo,;,,2d vy Se!!er. <br />including delivery of the !tams desc_:ribsd in Barrie., S.P. above. <br />13. Remedies. <br />A. 5e1ler's Defauit_ In the event Seiler f?i15 tc ~rfcrm ary of its <br />undertakings hereunder by the date designated herein for s!+ch pertorman~, cr if <br />any of Se(fer's representations and warranties shall be untnle or irn2~.tiu!'~te as Cf <br />the date hereof or as of the Closino Date, or if Seller shouki fail to consummate the <br />safe contemplated herein for any reason other than Buyers default, then, as !ts sole <br />and exclusive remedy hereunder, Buyer may; fit extend the required date of <br />performance t)y written notice to Seiler specifying the duration of any such <br />extension, or (ii) terminate this Agreement, in which event all funds paid and <br />documents deposited with each other or the Escrow Agent shall be returned to <br />the party depositing the same and the parties shall }ae released from any further <br />obligations each to the other, except that Seller shall pay the costs of ail title work <br />and accrued escrow charges. <br />B. 13wer's Default. !n the event Buyer falls to perform any of its <br />undertakings hereunder by the date designated here!n for such performance, or if <br />any of buyer's representations and warranties shall be untrue or inaccurate as of <br />the date hereaF or as of the C1oSirlg Date, or if i3uysr should fail to consummate the <br />purchase contemplated herein for any reason other than Seller's default, then, in <br />addition to arty other regal or equitable remedies available to Seller, Seiler shall be <br />entitled to (i) terminate this Rgreerrlent and retain amounts receiued by it from 5uyer <br />as partial !iqutdated damages; (li) the remedy Qf specific performance to enforce the <br />terms and conditions hereof. <br />14. Risk cif LessLess. Risk of toss to the Property or any part thereof shall remain <br />with Seller until the Deed is fried for record, subject to the provisions of Section 6.G above. <br />if the Property or any part thereof is~destroyed or damaged by fire or other casualty prior to <br />the Triing of the Deed for record, Buyer Shall be entitled to receive the proceeds of all <br />insurance payable in connection therewith and upon receipt of same, this transaction shall <br />be consummated in aeCOrdanee whit tFte terms hereof without reduction in the Purchase <br />Price. <br />15. Further Assistance; Coo~rerativn_ Buyer and Seller agree, at any time and <br />from time to lime, to execute arty and ail .documents reasonably requested by the other <br />party to carry out the intent of this Agreement. <br />1 fi. ivo i-sracers. Buyer and Seller acknowledge that no broker or finder has <br />been authorized, nor has any such person been involved in, negotiating this Agreement <br />ar cringing about the transaction contemplated herein and that neither Seller nor Buyer <br />shall be abGgated to pay any real estate wmmissian. Buyer and Seller agree to <br />indemnity each otfter from and against any and a8 loss, cost, damage or expense arising <br />out of ar resulting from any act or acts of the indemnifying party which give rise to any <br />claim of any such broker or agent in connection with this transaction. This provision <br />snail survive closing of the transaction contemplated herein and be continuing thereafter. . <br />11 <br />