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4. All special assessments levied or pending after the Closing Date. <br />5. Attorneys' fees and costs of Buyer's attorneys. <br />6. Balance of the purchase price. <br />C. The terms of this Section 26 shall survive the closing of the transaction <br />contemplated herein. <br />27. PRORATIONS. The following prorations shall be made as of the Closing Date: <br />A. Real estate taxes (excluding any outstanding special assessments and/or <br />installments of special assessments certified to the real estate taxes for payment <br />Seller is obligated to pay pursuant to Section 26 hereof) allocable to the Premises <br />that are due and payable in the year of closing shall be prorated between Seller <br />and Buyer to the Closing Date. Seller shall pay all such real estate taxes due and <br />payable in years prior to the year of closing. Buyer shall assume responsibility <br />for the payment of all such taxes due and payable in years subsequent to the year <br />of closing. If, as of the Closing Date, the Premises is not assessed for purposes <br />of property taxation separately from all other real property, then the real estate <br />taxes for the total tax parcel shall be paid in full at closing, and the amount of <br />taxes allocable to the Premises shall be determined based upon the ratio that the <br />square footage of the Premises bears to the square footage of all the real property <br />within the total tax parcel. <br />B. The terms of this Section 27 shall survive the closing of the transaction <br />contemplated herein. <br />28. REMEDIES. <br />A. Seller Default. In the event Seller defaults under this Agreement and such default <br />is not cured within 15 days after the date Buyer provides Seller written notice <br />specifying such default, Buyer, as its sole and exclusive remedy, may either (a) <br />seek specific performance of this Agreement provided such action is commenced <br />within sixty (60) days after Seller's 15 -day cure period, or (b) terminate this <br />Agreement and receive a refund of all Earnest Money and any accrued interest <br />thereon. In no event shall Seller be liable to Buyer for damages under this <br />Agreement, or liable to Buyer for other costs and expenses incurred by Buyer in <br />its investigation of the Premises. <br />B. Buyer Default. If Buyer defaults in the performance of this Agreement, Seller's <br />sole and exclusive remedy shall be to cancel this Agreement by delivering written <br />notice of such default to Buyer ("Seller's Default Notice"), in which event Buyer <br />shall have the opportunity to cure such default within 15 days after receipt of <br />Seller's Default Notice, and if Buyer fails to timely cure such default after receipt <br />Page l0 of 16 <br />