Reso 2015-2446 - Laserfiche WebLink

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(g) The entering into this Agreement (and the sale of the Property to Purchaser) (i) shall not constitute a violation or breach by Seller of: (A) any contract, agreement, understanding or instrument to which it is a party or by which Seller or the Property is subject or bound; or (B) any judgment, order, writ, injunction or decree issued against or imposed upon them; and (ii) will not result in the violation of any applicable law, order, rule or regulation of any governmental.or quasi-governmental authority. (h) There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Purchaser or which have not been disclosed to the Purchaser. (i) Seller and any related party effectuating the transaction contemplated herein shall provide Purchaser at Closing an affidavit in full compliance with Section 286.23, Florida Statutes. (j) The Property is being sold"As Is". (k) Except for a month- to- month lease with current boat operator, Seller is not aware of any contracts, arrangements, licenses, concessions, easements, leases, occupancy agreements, or other agreements, either recorded or unrecorded, written or oral, affecting the Property, or any portion thereof or the use thereof; Seller shall deliver vacant exclusive possession of the Property to Purchaser at Closing. (1) Seller is not aware of, any outstanding code violations relating to the Property; Seller is not aware of any open/expired permits relating to the Property. If a lien search discloses the existence of open/expired permits, or code violations relating to the Property, upon notice from Purchaser of same, Seller shall, at its sole cost and expense, close such permits and remove such code violations prior to Closing The provisions of this Paragraph 6 shall survive the Closing or the earlier termination of this Agreement. 7. Default. In the event of a default by Purchaser hereunder not cured by Purchaser within thirty (30) days after written notice thereof to Purchaser, Seller may as its sole and exclusive remedy terminate this Agreement by giving written notice to Purchaser and immediately receive from Purchaser the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) (the "Liquidated Sum"), as agreed upon liquidated damages and in full settlement of all claims of the Seller against the Purchaser arising from or related to this Agreement. Seller and Purchaser specifically understand and agree that (i)the foregoing remedy is intended to operate as a liquidated damages clause and not as a penalty or forfeiture provision; (ii) the actual damages that Seller may suffer if Purchaser defaults are impossible to ascertain precisely and, therefore, the Liquidated Sum represents the parties' reasonable estimate of such damages considering all of the circumstances existing on the date of this Agreement; (iii) the Liquidated Sum is intended to fully compensate Seller for entering into this Agreement and, therefore, Seller shall not be entitled to bring any action at law or in equity against Purchaser for 6 t`1 y y