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10- 393 09:33 ' X p.27 <br /> ACC+OALIANCEi V47U THE TERMS OF THIS AGREEMENT,WHICH SHALL BE' <br /> IMMEDIATELY RELEASED AND DF.IIVERED TO SELLER BY THE TITLE, <br /> COMPANY. BY TPS EICECCUTId�N HEREOF, PURCHASER ACKNOWLEDGES <br /> THAT THE TITLE COMPANY SHALL HAVE NO LIABILITY TO PURCHASER IN <br /> THE EVENT IT DELIVERS THE EARNEST MONEY TO SE IM IN <br /> ACCORDANCE WITH THE TERMS OF THIS AGREEMENT,AND AGREES THAT <br /> THE TPTI E COMPANY SHALL. 1COMPLY WITH THE PROVISIONS OF THIS <br /> SECTION I3(A) WITHOUT THE, NEED FOR SUBSEQUENT APPROVAL. OR <br /> AUTHORIZATION FROM PURCHASER. RETENTION OF THE EARNEST <br /> MONEY BY SELLER IS NOT INTENDED AS A FORFEITURE OR PENALTY,E TI <br /> INSTEAD IS INTENDED-TO COMPENSATE SEI ER FOR THE DAMAGES IT <br /> i WILL SUFFER AS A RESULT OF SUCH DEFAULT BY PURCHASER, WHICH <br /> DAMAGES SHALL BE, IN PART;. A RESULT OF (I) THE REMOVAL OF TRE <br /> i PROPERTY FROM THE MARKET AND THE BUSINESS 6PPORTUNI'TITaS LOST <br />! T'HI REBY AND (10) THE _;.-POTENTIAL I Of DEVELOPMENT <br /> OPPORTUNITIES. IN AGREEING TO SUCH LIQUIDATED DAMAGES, <br /> PURCHASER ACKNOWLEDGES`-CHAT THE AMOUNT.Of SELLER'S ACTUAL <br /> DAMAGES BY REASON OF PURCHASER'S DEFAULT WILL BE::SUI=.ANTIAL <br /> BUT, WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN,. AND THE <br /> AMC>UNT°`PROVIDED FOR HEREIN IS A REASONABLE ESI`IMATB to SUCH <br /> DAMAGES. IN ADDITION, PURCHASER DESIRES TO HAVE A LuarATION <br /> PUT ON ITS POTENTIAL LIABILITY TO SELLER IN THE EVENT PURCHASER , <br /> SHOULD SO DEFAULT IN THE AE;RFORMA1VCrE' 01~ TTS twbATI ?NS <br /> kMMUNDER. ACCORDINGLY,!:IN ORDER TO INDtICtrSELLER TC>WAIVE <br /> ALL OF THE REMEDIES THEYii IGGHT OTHER1i ME;HAVE IN TH2.kism.OF <br /> A DEFAULT BY PURCHASER, PURCHASER :I#As PROPCISE'I , A1Vb SELLER <br /> i HAS ACCEPTED,THE CONCEPT OF LIC)UII3A'I ED DAMAC3ES AS.SET P.ORTH <br /> HEREIN, WITH THE AMOUNT THEREOF HAYING BEEN THE WON= OF <br /> SPECIFIC AGREF:MENT`BE4 WEEN THE PA'RTIESe. NOT WITFISTAkDINQ THE <br /> FOREGOING, IF, 'CONTRARY TO THE AGREEMENT OF PURCHASER AND <br /> SEA 9.W2 AS SET FORTH HEREIN, PURCHASER SHALL. CO.. TRIS: <br /> O I. N AND ANY COURT OF COMPETENT JURlS>3IC ( SHALL.RULE <br /> IN AN/►CTION BETWEEN PURCkASER AND:.SELLEKTHAT:SELLER::MAY NOT <br /> RETAIN THE EARNEST MONEYAS LIQUIDATAD DAMAGES . R <br /> PURCHASER'S DEFAULT,THE SELL I;R SHALLBE ENt'I2ZED ToSF. i ALL <br /> RELIEF NORMALLY PERMITTED AT LAW OR $QUIT! TO AN AOQRIBYBD. <br /> SEt:.�tsk. BY THEIR INITIALS HERETO, SI?.LLER AND Pt1RdWli't <br /> SP�qCALLY ACKNOWLEDGE GE THEIR ACCEPTANCE AND APPROVAL OF <br /> THE FORE130ING LIQUIDATED DAMAGES PROVISION ;AND AGREE TO <br /> EXECUTE SUCH DOCUMENTS A41ESCIOw.WAY RI QUIR1:TO RASE THE <br /> EARNEST MONEY TO SELLER IN THE .EVENT OF A DEFAULT' BY <br /> • PURCHASER. <br /> E (B) IF SELLER'FAILS T;O PERI= kM ANY OF ITS 0KJ0ATION&OR <br /> AGREEMENTS HEREUNDER EITk8R PRIOR TO OR AT CLOSING,PURCHASER <br /> MAY TERMINATE THIS AGREtMENT BY WRITTEN NOTICE THEREOF TO <br /> SELLER AND THE TITLE COMPANY,AT WHICH TIME THE EARNEST MONEY <br /> SIIAD,I BE RETURN TO PURCHASER AS PURCHASER'S SOLE AND <br /> EXCLUSIVE REMEDY. IN NO EVENT SHALL SELLER U LIABLE TO <br /> PURCHASER FOR ANY 'OTHER!.ACTUAL. PREVENTIVE, SPECULATIVE OR ` <br /> CONSEQUENTIAL DAMAGES. 14OR SHALL PURCHASER BE ENTITLED TO <br /> BRUNG A CLAIM TO ENFORCE SPECIFIC. PERFORMANCE OF THIS <br /> AGREEMENT. <br /> Q. Psri IV,Session 2(;)of the sdlot FinsncinS Addendum('SFA*)- :is <br /> n wis ed es follows: =f <br /> F.aut tom. Eart4uake in summa is required if the ptopnrty is in t Federal <br /> seismic zone or State Special studie's zone. <br /> D 03614 <br />