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• <br />• • <br />representative by certified U.S. Mail a notice of election to rescind, setting forth the reasons on which <br />such election is based. <br />12. Assignment. Neither party shall, prior to the Closing, sell, assign, or transfer this <br />Agreement or any interest herein or any interest in the subject Real Estate without the written consent <br />of the other party. <br />13. Remedies of the Parties. <br />A. If Seller fails to timely perform this Agreement, all payments made hereunder shall be <br />returned to the Buyer, promptly upon demand. <br />B. Buyer and Seller shall each be entitled to utilize any and all other remedies available at <br />law or in equity for breach of this Agreement. <br />14. Binding Effect. This Purchase Agreement shall be binding upon the undersigned, their <br />heirs, legal representatives, successors and assigns, according to the terms hereof. <br />15. Time of the Essence. Time is of the essence in this Agreement. <br />16. Construction. In the construction of this Agreement, use of the singular shall include the <br />plural, use of the plural shall include the singular, and the use of the neuter or any gender identifying <br />words and phrases shall be deemed to include either or both genders, according to context. <br />17. Exclusive Agreement. The Buyer and Seller agree that all understandings and <br />agreements hereto had between them are merged in this Agreement, which alone fully and completely <br />expresses their agreement, and that this Agreement is entered into after full investigation, neither <br />Buyer nor Seller relying upon any statement or representation not embodied in this Agreement by the <br />other. <br />18. Amendments. This Purchase Agreement may not be changed orally, but only by <br />agreement in writing, duly executed by or on behalf of the party(ies) against whom enforcement of any <br />waiver, change, modification, consent or discharge is sought. <br />19. Adiacent Property. The obligations of the Buyer under this Purchase Agreement are <br />contingent upon the Buyer's contemporaneous closing on contract(s) to acquire one or more properties <br />owned by a third party or parties adjoining the Real Estate and/or easement rights over one or more <br />such properties adjoining the Real Estate. ❑ YES Ex NO <br />20. Additional Provisions. The additional provisions set forth on the Addendum attached <br />hereto (if any) are an integral part of this Agreement. <br />An Addendum is Attached: ® YES 0 NO <br />This Agreement has been completed by the Buyer and presented to the Seller this Pd,T day of <br />innG , 2014. <br />-5- <br />