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P..7 <br /> }• 13 09=28 �t <br /> (c) Risk of loss or mage to the dahe Prtperty, or any part the=f, by fire or other <br /> vasnalty up until Closing shall be borne by Seller and thereafter by Purchaser. Upon the mutual <br /> agreernmt of both Sella aid Purchaser, the parties may either elect to(i)Immediately PaY*9 <br /> cost of such repairs with talting or casualty proceeds, if any: (il)place any to&S of aaayalty <br /> proceeds received into escrow until the rcpaits have been completed to the satlafatctiort of`both. <br />: <br /> Seller and Pttrchsser,and is release of any,and all mechanic`s liens which may hM 80411444: <br /> to such repairs.has been delivued to Wlil party. <br /> Section 13. IntImAgcmm <br /> . <br /> (a) THIS AGRuJ n i8 THs >.tmRE AansmENT 8ETwEEN SELLER <br /> AND PURCHASER CONCI~RNJNG THt SALE OF THE PROPERTY AND SUPERSEDES <br /> AIX PRIOR AC3MMOM AND UNDERSTANDINGS, IF A.N . WM. REGARD <br /> TH It?. AND NO MODIPICATIO►4 HUWP Olt SUBSEQUENT AGREEMENT <br /> REL,l4'TIlr4 TC HE SUBJECT MAT= HERBOF SHALL sz 11Ipl.DiN® ON EITHER <br /> PARTY UNLESS MUCED TO WR TING ,At�tDr "N10 8y THE PARTY TO BE: <br /> BOUND.. <br /> (o) The parties acknowtrsige that each party said iia coumd haver reviewed ttu;t <br /> Agreement, pard;the parties hereby agree that the ttoimal hula of constrtxxirr�rt tothe efkt dist <br /> any ambiguities.am to be resolved against the draftlal parry shall not be employed in,the <br /> interpretation of this Agreement or any arnendmCnt1 or.dxhibits hereto. <br /> i e <br /> (c) to oast any one or more of;the-provisions conminW in:iltia.Agtoeettent shall fits. <br /> I any reason be held to W invalid, illegal or unertforceablte let slaty respect. at+clt utvx bity;: I <br /> illegality or unenforceability owl-not affict any,other provisions heraol, and thea Agreement. <br /> shall be construed as if such invalid, illegal or unenforceable provip.ona�had heves;boort <br /> 46tttriiried herein. 4 <br /> C (d) Should either party employ an ettorney ;tar atter r+eya to. ettfua +any of the <br /> f prorisian- heaver,or a r+eonver damages for the hrreaach cif this Agreerrurtt,the non-preu+ailiag <br /> I Jrtrty in:any finsi judgment agrees to p y the other party all reattaKtabis amt► charges and: <br /> I *, Xpenses includ'ing attorney's feels expvuird or incurred In carutec#iart therewith. All tefCfentes <br /> eta attorneys' ten in this Agreement shall be deemed to include,wi kwt limitation,such amounts <br /> u matiy then be charged by attorneys in the employ of either party at races not,exceW rqg those <br /> that wot:ld be charged by outside attorneys for comparable services. <br /> (e) This Agreement MAY be executed Jul any number of identical counwpatts. if as <br /> executed, each at such counterparts it to.be domed an original for all purposes, and all Such <br /> counterparts shall collectively constitute ona agreement. <br /> 1. <br /> (f) in no event shall this Agreement or any memorandum hereof be recorded is the <br /> public records of the county in which d?c Property is situated, and any such reeordatioo or <br /> attempted recordation stall constitute a breach of this Agreement by the:party responsible for <br /> such recordation or attempted recordation". <br /> (g) This Agrxment shall not be considered as or co VruW to be an inten+cst in of lien <br /> against the Property. j <br /> ;i. <br /> (h) Aldocuments,certificates, insurance policies and other items required under the <br /> provlsions of this Agreement to be executed or delivered to Seller shall be sasssfaccory to Seller <br /> in form, scope and aybstance, { <br /> (i) The provisions of this Agreement are for the sole benefit of Sebes and Purchascr <br /> and am not for the benefit of any third party. <br /> Purchaser shat!be teiponsibie for obtaining,at its expense and prior to Closing, <br /> D:0360. <br /> tax-wr�ss <br /> 4 <br />� ii' <br />