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Party, in writing, within three (3) business days of the Non -Terminating Party's receipt of <br />the Terminating Party's notice of termination. <br />d. If the Non -Terminating Party does not dispute the Terminating Party's <br />right to terminate the Agreement, the Parties must execute an instrument evidencing the <br />Termination of this Agreement. <br />e. If the Parties dispute the validity of an attempted termination of this <br />Agreement, either Party may initiate a civil action in a court of competent jurisdiction to <br />determine the status of this Agreement, and the Party that prevails in any such action is <br />entitled to recover the costs and reasonable attorneys' fees which such Party incurs in the <br />action from the non -prevailing Party. <br />19. COVENANTS. <br />a. Covenants of SELLER. <br />(i) On or before the actual date of Closing, SELLER must satisfy, of <br />record, or have the Property released, of record, from any voluntary or <br />involuntary liens encumbering the Property. <br />(ii) On or before the actual date of Closing, SELLER must pay for all <br />labor or materials furnished to the Property at the request of SELLER between the <br />Effective Date and the actual date of Closing. <br />(iii) Between the Effective Date and the actual date of Closing, <br />SELLER will fully perform each of SELLER' s obligations under and will observe <br />any restriction imposed by any easement agreement, covenant, condition or <br />restriction affecting or relating to the Property. <br />(iv) Between the Effective Date and the actual date of Closing, <br />SELLER will not, without BUYER' s prior written consent, grant, enter in to or <br />agree to enter in to any lease, easement, covenant or restriction affecting the <br />Property. <br />(v) SELLER will deliver to BUYER such of the following as are <br />currently in SELLER' s possession or readily available to SELLER at no cost <br />within ten (10) days after the Effective Date: <br />A. Construction and As Built drawings and specifications for <br />the improvements located on the Property, if any; <br />B. All environmental assessments or reports relating to the <br />Property, if any; and <br />C. All governmental development documents, if any. <br />13 <br />