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Mr. Hugh R. Hadley <br /> Page Three <br /> October 7, 1985 <br /> entry shall be done so as not to interfere with the party in <br /> possession. <br /> (m) Seller shall warrant to the best of Seller' s <br /> knowledge and belief that there are no pending or threatened <br /> proceedings which do or will adversely affect the ability of <br /> Seller to convey full and marketable title to the premises <br /> to Buyer. <br /> ive knowledge of materia <br /> (o) Each party will acknowledge and represent to the <br /> other that it has not utilized any broker with respect to this <br /> transaction and that no brokerage fees or commissions are due <br /> and payable to any such broker and each party shall indemnify, <br /> defend, and hold the other harmless from any claim made against <br /> the other as a result of any broker or real estate agent claiming <br /> to be involved in this transaction. <br /> (p) BUYER AND SELLERS AGREE THAT IN THE EVENT OF ANY DEFAULT <br /> BY BUYER OF BUYER' S OBLIGATIONS UNDER THIS AGREEMENT OR UNDER THE <br /> ESCROW IT WOULD BE IMPRACTICAL AND EXPENSIVE TO ESTABLISH SELLER' S <br /> ACTUAL DAMAGES. ACCORDINGLY, IF BUYER FAILS TO PERFORM ITS OBLI- <br /> GATIONS UNDER THIS AGREEMENT WITHIN OR AT THE TIME ESTABLISHED BY <br /> PERFORMANCE OR BUYER OTHERWISE DEFAULTS UNDER THIS AGREEMENT, THEN, <br /> IN SUCH EVENT, BUYER AND SELLERS AGREE THAT SELLERS' DAMAGES <br /> SHALL BE SET AND FIXED AT TWO THOUSAND FIVE HUNDRED DOLLARS ($2, 500) ; <br /> THE AFOREMENTIONED TWO THOUSAND FIVE HUNDRED DOLLARS ($2, 500) <br /> RECEIVED AND RETAINED BY SELLERS AS LIQUIDATED DAMAGES IN LIEU <br /> OF ANY OTHER MONETARY RELIEF OR ANY OTHER RELIEF WHATSOEVER <br /> WHICH SELLERS MIGHT BE ENTITLED TO BY VIRTUE OF THIS AGREEMENT <br /> ON ACCOUNT OF ANY DEFAULT UNDER THIS AGREEMENT BY BUYER. <br /> (q) Should any action be filed to enforce the performance <br /> of any term or condition in this contract, the successful party <br /> therein shall be entitled to reasonable attorneys' fees and costs. <br /> (r) Each of the parties hereto shall execute any and all <br /> papers and documents necessary to effect the purpose of this <br /> agreement and do all acts necessary to carry out the terms of this <br /> agreement. <br />