Reso 2015-2405 - Laserfiche WebLink

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11. Remedies on Default of Buyer. If Buyer fails to close, and the Seller is not in default hereunder, and title is as required under this Agreement, Seller may seek specific performance against Buyer, or Seller may terminate this Agreement in which case all rights and obligations of the parties hereunder shall terminate. 12. Remedies on Default of Seller. If for any reason, other than failure of Seller to render title to the Property marketable, Seller fails, neglects or refuses to perform this Agreement, Buyer may seek specific performance against Seller, or Buyer may terminate this Agreement in which case all rights and obligations of the parties hereunder shall terminate. 13. Condemnation. In the event of the institution of any proceedings, or if subject to a bona fide threat of such proceedings, judicial, administrative or otherwise, which shall relate to the proposed taking of any portion of the Property by eminent domain, Buyer may either cancel this Agreement, whereupon this Agreement shall be of no further force and effect, or elect to purchase the Property. If Buyer elects to purchase the Property, Buyer shall be entitled to that portion of any award, damages or other consideration paid or to be paid in connection with such taking or sale to which Buyer would have been entitled had it been the owner of the Property prior to such taking, sale or threat of taking. 14. Brokerage. Seller and Buyer each represent to the other that they have not dealt with any broker, salesperson or agent in connection with the execution and delivery of this Agreement, and the other party shall not be required to pay any commission whatsoever with respect to this Agreement resulting from the actions of the party making such representations. Seller and Buyer each indemnify and hold each other harmless from and against any and all claims, losses, costs, damages, liabilities and expenses (including without limitation, reasonable 7 of 14 112371632.2 SIB