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10-1033 fl9:26 The Commission shall be payable at Closing only if and when the ttatuaction canterztplxted by this A,Sr==4t actually clt3srat artd then only as and when Seller raceiM the Pure i# trot No Commission shall be paid it ft transaction canteMplsted by thio AgMW complaWy closed in acca tmae with the terms hcmf• Brckv may AV=to divide ot>s Mimi* with arty other licosed meal estate broker or sale ant tt, but Seller shall be folly d in pz*S the'entire Commission to Broker and Seller shall have no cbli�tQ any web other broker or salesman. PurchUa reptuats and warmers to the Settler that,;cx=,Pt as ad forth above with Taped to Broker, and as provided in Purchaser's at;Parata 25ramem With on Purchaseer's Sales Agent,if arty, no real estate tucker or gent hu ban stttltarisad W 9a Atttrltaser` behalf assn hereby 3ndemrtifiet;Seller aad holds Seller ltarntlm f sAy 04 911 deage mands ural claims which naw have or bwvLlte�r Wray be.asserted Long Salley as 10 broke fees, commissions or similar types of compertsation with respoct to tits Ply from ( Pufd%assr`s ,Sales Agent or brokers engaged by Purchaser and from all 0 peam and colts in handling or deefcndlnS such demands or claims. Purchaser 9cltrtawI0ga'the at the time of e ecudon of this Agreement, Broker advised Putche ar by this wtrilittS thdt Purclum ShOWd have the abstract, if any, covering the:Property examined by an attomq of Purcbaaett''s own cdon;or that Purchaser should be furnished with or obtain a Policy Of dtla insumm. � .f Sectiertt 9. b9sigllilid . This Agmement may not be assiSMod by Purchaser without the w;itttrt c u;of Seller. whichcwsent maybe withheld for any reason in Seller's sole disavia t: Section 14. Go"*...�Wa: °a: Tim it o tire, The tnstruc km. interpremtiort and perfommce of this Agreement shall be govemed by the:3aws of the United Sates of Ame TIM WWI*the extent that state law would apply under applicable frdeal law. the laws of the sere where dte p Pe Y is locaatd. Time is of tate essence in the perform ce Of each party's eebligttdvrta herattnder. „� ;j Section 11. Iktm d lcA- , (a) 1F PURCHASER REFUSESOR FAILS TO CONSUMM ATE THE PURCHASE OF THE PROPERTY PURSUANT TO THIS AGREEMENT FORA REASONOTHER THAN BREACH BY SELLER OF ITS AGREEMENTS HEREUNDER,THEN SELLER,AS ITS SOLE AND EXCLUSIVE REMEDY, SHALL HAVE THE RIGHT TO TERMINATE TRIS AGREEMENT BY GIVING PURCHASER AND THE TITLE COMPANY WRITTEN. NOTICE THEREOF,IN WHICH£VFN ,,,NMTI ER PARTY HERETO SHALLHAVE ANY FURTIMt�RIGHTS,D'tl"iM OR OBUGA71ONS HEREUNDER AND SELLER SHALL BE ENTITLED TQ DEMAND As LIQUIDATED DAMAGES (SZUJM AND 1PMHASER HEREBY ACKNOWLEDGING THAT THE AMOUNT OF DAMAGW:RESULTING FROM ' A BREACH OF THIS AGREEMENT BY Pt1RCHASER WOULD AE-I�iFPICt1LT OR WPOSSIBLE TO ACCURATELY ASCERTAIN) THE SARNW11ft"1HSY MR..THE IICnAL DEPOSIT THERBOF! IF THE'EARNEST MONEY I=U1REMEN'T HAS NOT BMN COMPLE'TF.E.Y SATISFIED IN 1ACCORUANCE WITH THE TERMS OF THIS AGItE£14IENT), 01 WE PERCENT (3%) OF THE PURCHASE PRICE,'WMCIMVER. :SHALL BE LESS,WWCH SHALL.BE%WMIATELY D IVEWTC SELLER BY THE "TIM COMPANY.j SY TTS EXECUTION PURCHASER ACKNOWLEDGES THAT THE TITLE`COMPANY SHALL HAY&NO LIABILITY TO PURCHASER IN.TETE zvwr TT DEUVP,.IiS THE EARNEST"WNW TO SSL.IAR IN:. ACCORTIANCE WITH THE TOMS OF THIS AGREEMENT.AND AGREI�S THAT.THE Thu COMPANY SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION I3( WIrjjOUT THE NEEM FOR SUBSEQUENT APPOVAL.OR A6iIORI2ATION.FROM PURCHASER. RM%NTlON OF THE EARNEST MONO I1Y.SELLU..$i NOT�1�I'I�II�ED AS A FORFEITURB OR PENALTY, BUT INSTEAD IS IN77 IDED T CCIMFENSATE SELLER FOR THE DAMAGES IT WILL SUFFERASA RESULT OF SUCH.:DEFAULT 8Y PURCHASER, WHICH DAMAGES $HALL:BE. IN PART.. A RFs ,an OP {i? r: 99MOVAL OF TRE PROPERTY FROM...,T"I� E MAR ib. ARID THE BUSINESS:: OPPORTUNITIES LOSTTHEREBY AND(ll)'t 9 l'0TENTli1 L LOSS.:W DEVELOPMENT T. D 03602•