Laserfiche WebLink
suspend performance of its obligations under lhis Agreement and the rights of the non-defaulting <br />party, are as follows: .... <br /> <br />BUYER's Default. If BUYER defaults in the performance of any of the <br />BLryER's obligations under this Agreement, SELLER shall have a fight to: <br /> <br />(i) <br /> <br />Except as set forth at (ii) below, if BUYER defaults in the <br />performance of any of BUYER's obligations under this Agreement, <br />SELLER's sole and exclusive fight shall be to seek a Cancellation of <br />this Purchase Agreement. <br /> <br />(ii) <br /> <br />If BUYER breaches a 'warranty or representation either before or after <br />closing, SELLER shall have the fight to recover direct damages' <br />reasonably related to such breach but not incidental or consequential <br />damages or punitive damages. SELLER shall have no fight to seek <br />rescission of the conveyance. <br /> <br />b. SELLER's Default. <br /> <br />(i) <br /> <br />Except as set forth at (ii) below, if SELLER defaults in the <br />performance of any of SELLER's obligations under this Agreement, <br />BUYER's sole and exclusive right shall be to seek a Cancellation of <br />Purchase Agreement. <br /> <br />(ii) <br /> <br />If SELLER breaches a warranty or representation either before or <br />after closing, BUYER shall h. ave the fight to recover direct damages <br />reasonably related to such breach but not incidental or consequential' <br />damages or punitive'damages. BUYER shall have no fight to seek <br />rescission of the conveyance. <br /> <br /> 18. LIKE KIND EXCHANGE. BUYER acknowledges that SELLER may elect to <br />structure the sale of the Property as part of a tax deferred exchange under Section 1031 of the <br />Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder. BUYER <br />further acknowledges and agrees that SELLER may assign all of SELLER'S fights and obligations <br />hereunder to an exchange intermediary; provided, such assignment shall not be deemed a release of <br />SELLER from any obligations hereunder. BUYER agrees to cooperate with SELLER in.response <br />to SELLER'S reasonable requirements in connection with such exchange; provided that BUYER <br />shall not be required to incur additional cost or liability, in connection therewith. <br /> <br /> 19. DOCUMENTATION TO BUYER: SELLER agrees to provide to BUYER the <br />following items within thirty (30) business days of the acceptance of'this Agreement: <br /> <br />A true, correct and complete copy of all contracts or services performed at the <br />Property over the previous twelve (12) month time period. This shall include, but <br />not be limited to, the following: snow removal, lawn care, trash removal, roof, <br />furnace repair sen, ice. <br /> <br />-318- 8 <br /> <br /> <br />