Reso 2003-534 - Laserfiche WebLink

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12. Remedies on Default of Seller. If for any reason, other than failure of Seller to render title to the Property marketable after diligent effort, Seller fails, neglects or refuses to perform this Agreement, Buyer may seek specific -performance or elect to receive the return of its Deposit, together with any interest earned thereon, without thereby waiving any action for damages resulting from Seller's breach. 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 the Deposit shall be returned to Buyer and this Agreement thereupon 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. Seller's Title to Real Property. Buyer shall be entitled to receive and Seller shall be obligated to convey fee simple title to the Property which is good and marketable and free and clear of all liens and encumbrances, easements, restrictions and conditions not acceptable to Buyer in its sole discretion. 15. Brokerage. Seller hereby represents that there are no real estate brokers involved in this transaction. Seller shall indemnify and hold Buyer harmless from and against all costs, debts, damages, expenses, claims or demands, including costs and reasonable attorneys' fees for pre-trial, trial or appellate matters in defending against any claims for brokerage commission or finder's fee 7