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<br />'.' <br /> <br />. <br /> <br />. <br /> <br />(~) <br /> <br />There has been no uncured <br />any of the agreements, <br />warranties contained in <br />agreement. <br /> <br />breach by Seller of <br />representations or <br />section 8 of this <br /> <br />, <br /> <br />(2) On or prior to closi~g, Seller will have <br />complied with ~ll the terms and conditions of <br />this agreement, and in particular, the <br />representation!; . and warranties of Seller <br />contained in Section 8 or given in connection <br />with this aqre~ment shall be true at closing. <br /> <br />(3) Seller stands ready to deliver to the Buyer <br />all instruments and documents required to be <br />delivered by Seller to the Buyer pursuant to <br />the terms of this agreement. <br /> <br />(4) Any holder of any lien, claim or encumbrance <br />against the Property shall have delivered or <br />agreed to deliver such appropriate releases of <br />said encumbran~es to the Buyer upon payment by <br />the Seller of the amount specified therein. <br /> <br />(5) All contingencies under section l~ will have <br />been satisfied or waived by the Buyer. <br /> <br />13. DEFAULT. In the event of default by either party hereto <br />and in the event any payment or any condition hereof is not made, <br />tendered or performed by either party, the non-defaulting party may <br />at its option treat the contract as terminated and the non- <br />defaulting party may recover such ~amages as may be proper. <br /> <br />In the event, however, that the non-defaulting party <br />.elects to treat this contract as in full force and effect, the non- <br />defaulting party shall have the right to bring an action for <br />specific performance to require the defaUlting party to complete <br />the transaction. <br /> <br />In the event either party is required to bring any action <br />to enforce the terms' and conditions of this contract, the <br />prevailing party in such action Shall be entitled to receive in <br />addition to any damages or relief otherwise appropriate, <br />reimbursement of reasonable attorney's fees. <br /> <br />~4. TIME OF THE ESSENCE. Time shall be of the essence in the <br />performance of the terms and conditions of this contract by either <br />paJ;'ty. <br /> <br />~5. NOTICES. All notices hereunder to the respective parties <br />will 'be in writing and will be se~ed by personal delivery or by <br /> <br />7 <br />