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<br />claims, losses, costs, damages, liabilities and expenses (including without limitation, reasonable <br />attorneys' and paralegal fees) resulting from a breach by the indemnifying party of the foregoing <br />representation. <br /> <br />The provisions of this Paragraph 11 shall survive the Closing and any cancellation <br />or earlier termination of this Agreement <br /> <br />12. AssilIDability. Purchaser may not assign its rights hereunder without Seller's <br />consent, provided, however, that upon any such assignment, any such assignee shall agree to be <br />bound by the terms and conditions set forth in this Agreement. <br /> <br />13. Notices. Any notices required or permitted to be given under tillS Agreement <br />shall be in writing and shall be deemed given if delivered by hand, sent by recognized overnight <br />courier (such as Federal Express), transmitted via facsimile transmission or mailed by certified or <br />registered mail, return receipt requested, in a postage pre-paid envelope, and addressed as <br />follows: <br /> <br />PURCHASER: <br /> <br />SELLER: <br /> <br />ESCROW AGENT: <br /> <br />The City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach. Florida 33160 <br /> <br />Attn: Rick COlmer, City Manager and <br />Hans Ottinot, City Attorney <br /> <br />Arie Steiger <br />Arie Properties Inc. <br />262 Atlantic Blvd <br />Atlantic Isles. Florida 33160 <br /> <br />With a Copy to: <br /> <br />Attn: Artie Montaner <br />Chicago Title Insurance Co. <br />2701 Gateway Drive <br />Pompano Beach, F133069 <br /> <br />Notices personally delivered or sent by overnight courier shall be deemed given on the date of <br />receipt, notices sent via facsimile transmission shall be deemed given upon transmission, and <br />notices sent via certified mail in accordance with the foregoing shall be deemed given two (2) <br />days following the date upon which they are deposited in the U.S. Mails. <br /> <br />14. Risk of Loss. If, prior to Closing, the Property or any material portion thereof is <br />destroyed or damaged, Seller shall promptly notify Purchaser, whereupon Purchaser shall be <br />entitled to (and Seller shall assign to Purchaser all of Sellets interest in) all insurance and/or <br />condemnation payments, awards and settlements applicable to the Property. <br /> <br />Agreement of Purchase and Sale 160S0 Collins Ave. Page 9 of 13 <br /> <br />'"' . <br />'/ <br />