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terminate Buyer's obligations under Section 12.10(d) and (ii) Seller will not be required to refund <br />the Deposit until Buyer has delivered to Seller valid, recordable waivers of mechanics' and <br />similar liens from all contractors who conducted Tests at Buyer's request. <br />(d) Buyer Indemnifies Seller. Buye <br />all liabilities, damages, losses, claims, costs, and expi <br />fees) that Seller incurs arising from the exercise of the <br />Section 12.10(a). Without limiting the immediately pre <br />repair any damage to the Real Estate resulting from tI <br />shall keep the Real Estate free from mechanics' and <br />the entry right. Buyer's liability under this Section 12.' <br />retain the Deposit and any accrued interest on the De <br />under Section 15. <br />13. Liquidated Damages. IF ESCROW FA <br />DEFAULT, ESTABLISHING SELLER'S ACTUAL Dp <br />DEFAULT WOULD BE IMPRACTICAL OR EXTREM <br />THE AMOUNT OF ONE THOUSAND DOLLARS ($1, <br />BUYER'S DEFAULT WOULD BE REASONABLE. T <br />SELLER'S SOLE REMEDY FOR BUYER'S DEFAUL <br />ESCROW HOLDER THAT BUYER HAS DEFAULTS <br />TO PAY T4 SELLER $1,000 AMOUNT FROM BUYE <br />ESCROW), BUYER AUTHORIZES ESCROW HOLD <br />INSTRUCTION WITHOUT BUYER'S FURTHER COP <br />SELLER AND BUYER EACH ACKNOWLEDGE TH, <br />THE ABOVE PROVISIONS OF THIS SECTION 13; <br />BELOW, IT AGREES T4 BOUND BY THOSE P <br />Ov <br />Buie nitials <br />shall indemnify and defend Seller from <br />nses (including reasonable attorneys' <br />entry right granted under <br />ceding sentence, Buyer shall promptly <br />e exercise of the entry right; and Buyer <br />milar liens arising from the exercise of <br />0(d) is in addition to Seller's right to <br />)osit, when Seller is permitted to do so <br />LS TO CLOSE DUE TO BUYER'S <br />MAGES CAUSED BY BUYER'S <br />=LY DIFFICULT. AWARDING SELLER <br />)00) AS LIQUIDATED DAMAGES FOR <br />4EREFORE, THIS AMOUNT SHALL BE <br />T. IF SELLER GIVES NOTICE TO <br />) AND INSTRUCTS ESCROW HOLDER <br />R'S FUNDS (IF THEN HELD IN <br />:R TO COMPLY WITH SELLER'S <br />SENT OR INSTRUCTIONS. <br />T IT HAS READ AND UNDERSTANDS <br />ND BY ITS INITIALS IMMEDIATELY <br />OVIiSIONS. <br />Seller's Initials <br />(In order to comply with California Civil Code Section 677, the above provision must be in at <br />Ileast 10 -paint bold type. The above provision is in 11 point bold type.) <br />14. Brokers. Buyer and Seller each repre: <br />agent, finder, or other person who might claim a coma <br />connection with the Transaction. Buyer and Seller ee <br />against all claims, liabilities, damages, losses, costs, <br />attorneys' fees) that the Indemnitee incurs arising fror <br />representation contained in this Section 14. <br />nt that it has not dealt with any broker, <br />ission or similar compensation in <br />h shall indemnify and defend the other <br />id expenses (including reasonable <br />any breach of the indemnitor's <br />Q:lreladmin ljosephldrafts1044931resa09.doc 06/08/99 I 7:57 AM <br />-D/?oty <br />