Laserfiche WebLink
a. terminate this Agreement and receive a refund of the Earnest Money, whereupon <br /> neither party shall have any rights or obligations to the other under this Agreement <br /> and each party shall forthwith execute a written termination of this Agreement; or <br /> <br /> b. waive the survey objections, take title to the Property subject to any such objections <br /> and proceed to Closing in accordance with the terms and provisions of this <br /> Agreement. <br /> <br /> Should SELLER notify BUYER that SELLER will not cure a noticed objection, <br />BUYER shall then have ten (10) days from the receipt of such notice from SELLER to notify <br />Seller of BUYER'S election to either terminate this Agreement or to waive the objection and <br />proceed to Closing. <br /> <br /> 17 · DEFAULT. If either patty defaults in the performance of any obligation under <br />this Agreement, the non-defaulting party may, after a five (5) day written notice to the defaulting <br />party, suspend pcrl"ormance of its obligations under this Agreement and the rights of the non~ <br />defaulting party are as ~bllows: <br /> <br /> a. ilUYER'S Default. If BUYER defaults in the performance of any of the <br /> BUYER'S obligations trader this Agreement, SELLER shall have the <br /> following rights: : <br /> <br />Except as set forth at (ii) below, if BUYER defaults in the <br />performance of any of BUYER'S obligations under this <br />Agreement, SELLER'S sole and exclusive right shall be to seek a <br />Cancellation of Purchase Agreement. <br /> <br />(ii) If BUYER breaches a warranty or representation either before or <br /> after closing, SELLER shall have the right to recover direct <br /> damages reasonably related to such breach but not incidental or <br /> consequential damages or punitive damages. SELLER shall have <br /> no right to seek rescission of the conveyance. <br /> <br />SELLER'S Default· If SELLER defaults in. the performance of any of <br />the SELLER'S obligations under this Agreement, BUYER shall have the <br />following rights: <br /> <br />(ii) <br /> <br />Except as set forth at (ii) below, if SELLER defaults in the <br />performance7 of any of SELLER'S obligations under this <br />Agreement, BUYER'S sole and exclusive right shall be to seek a <br />Cancellation iof Purchase Agreement. <br /> <br />If SELLER ,breaches a warranty or representation either before or <br />after closing3 BUTER shall have the right to recover direct <br />damages reaS. onably related to such breach but not incidental or <br />consequential damages or punitive damages. BUYER shall have <br />no right to seek rescission of the conveyance. <br /> <br /> <br />