Reso 2011-1795 - Laserfiche WebLink

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14. 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, Buyers 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. 15. 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, Buyers may either cancel this Agreement, whereupon the full Deposit shall be returned to Buyers and this Agreement thereupon shall be of no further force and effect, or elect to purchase the Property. If Buyers elects to purchase the Property, Buyers 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 Buyers would have been entitled had it been the owner of the Property prior to such taking, sale or threat of taking. 16. Brokerage. Seller and Buyers 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 Buyers each indemnify and hold each other harmless from and against any and all claims, losses, costs, damages, liabilities and expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting from a breach by the indemnifying party of the foregoing representation. 9 of 17 ~,:~ \ 1yP% '-Jj~ 'r