Agenda - Council - 10/09/2001 - Laserfiche WebLink

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-136- Ail other costs, charges and expenses shall be paid as provided in this Agreement, or in the~ absence of such provision, in accordance with local custom. Except as otherwise provided in this Agreement, each party shall pay its own legal fees. 12. COMMISSIONS AND FEES Neither Seller nor Purchaser has entered into any real estate commission agreement, oral or written, relating to the Property with any broker, salesperson, fnder or the like other than COLDWELL BANKER ACCLAIM, who shall receive the real estate commission from Seller if and only if the Closing occurs and the Purchase Price is paid to Seller. Any other fees or real estate commissions occasioned by the execution and/or consummation of this Agreement shall be the sole responsibility of the party contracting therefor, and such party agrees to indemnify, protect, defend and hold hmzntess the other party from any and all claims for such other fees or real estate commissions. 13. REMEDIES If the Purchaser fails or refuses to perform its obligations under this Agreement, and such failure or refusal is not cured within five (5) days after Purchaser's receipt of written notice from Seller, then Seller may as its sole and exclusive remedy retain the Earnest Money Deposit as full liquidated damages. The parties hereby acknowledge the difficulty of ascertaining Sellers actual damages in such circumstances and agree that the Earnest Money Deposit represents a good faith resolution thereof. If Seller fails or refuses to convey the Property in accordance with the terms of this Agreement or otherwise perform its obligations hereunder, and such failure or refusal is not cured within five (5) days after Seller's receipt of written notice from Purchaser, then Purchaser shall have the right to a refund of the Earnest Money Deposit, or specific performance, Purchaser hereby waiving any right to sue Seller for damages. 14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES PURCHASER AGREES THAT PURCHASER IS PURCHASING THE PROPERTY ON AN "AS IS, WHERE IS" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EITHER ORAL OR 'WRITTEN, MADE BY SELLER OR ANY AGENT OR REPRESENTATIVE OF SELLER WITH RESPECT TO THE PHYSICAL OR STRUCTURAL CONDITION OF THE PROPERTY, THE PROPERTY'S COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, OR WITH RESPECT TO THE EXISTENCE OR ABSENCE OF TOXIC OR HAZARDOUS MATERIALS, SUBSTANCES OR WASTES IN, ON, UNDER OR AFFECTING THE PROPERTY. SELLER HAS MADE AND HEREBY MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE FITNESS FOR PARTICULAR PURPOSE, QUALITY OR MERCHANTABILITY OF THE PROPERTY OR ANY PORTION THEREOF. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY MADE OR 6 I I ! I I i I I I I I I I I I I I I