25C - AGMT - 510 E 2ND ST SALE - Laserfiche WebLink

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3.2 Representations and Warranties of Buyer Buyer makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow. (a) The execution and delivery of the Agreement by Buyer, Buyer's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Buyer is at present a party or by which Buyer is bound; and (b) No other action by Buyer is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein. 4. ACKNOWLEDGEMENT OF FULL BENEFITS 4.1 By execution of this Agreement, Seller hereby acknowledge that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, interest, loss of goodwill, severance damages, or any other compensation or benefits otherthan as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property. 4.2 This Agreement arose out of Buyer's efforts to acquire the Property. This Agreement does not, and shall not be constructed to require Sellerto indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on said Property. 5. REMEDIES If Seller defaults under this Agreement, then Buyer may, as Buyer's sole and exclusive remedy under this Agreement by reason of such default, terminate the Escrow and receive a return of the Escrow Deposit (less the Independent Consideration) as full compensation and liquidated damages underand in connection with this Agreement, and in such event, Seller shall not be liable to Buyer for monetary damages except for full payment of said amount. If Buyer defaults under this Agreement, then Seller may, as Seller's sole and exclusive remedy under this Agreement by reason of such default, terminate the Escrow and the Escrow Deposit shall be delivered to Seller as full compensation and liquidated damages underand in connection with this Agreement, and in such event, Buyer shall not be liable to Seiler for monetary damages except for full payment of the amount of the Escrow Deposit due at the time of termination and forfeiture of said Escrow Deposit to the Seller. 25C -8