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<br />.. <br /> <br />.. <br /> <br />ii. <br /> <br />identified in paragraph 1. a. i. of this <br />purchase agreement and retention of the <br />benefits flowing from the dues waiver giving <br />Seller membership in LAWMA for all of 1996 <br />with respect to the wells identified in <br />paragraph 1.d. of this purchase agreement. <br />Retention of the Earnest Money interest and <br />the 1996 dues waiver shall be Seller's <br />liquidated damages (actual damages being <br />difficult to ascertain), and both parties <br />thereafter shall be released from all <br />obligations hereunder. Seller shall have no <br />rights to an action for specific performance <br />or money damages or to any other remedy (all <br />of the same being expressly waived by Seller) . <br /> <br />If Seller shall breach any covenant or <br />condition 'or default in its obligations <br />hereunder, Buyer may elect to treat this <br />agreement as terminated and shall be refunded <br />all of the Earnest Money, together with <br />interest, paid under this agreement. <br />Alternatively, Buyer may elect to treat this <br />agreement as being in full force and effect <br />and shall have the right to an action for <br />specific performance. <br /> <br />b. In the event of any litigation between the parties <br />arising out of this agreement, the prevailing party shall <br />be reimbursed by and entitled to recover from the other <br />party all reasonable costs and expenses incurred in such <br />proceedings, including reasonable attorney fees and <br />costs. <br /> <br />14. Survival. Seller's representations and warranties set forth <br />herein, except as they may be fully performed prior to or on <br />the Closing date, shall not merge into the special warranty <br />deed for The Land or the special warranty deed for The Water <br />Rights, shall survive the Closing and the delivery of the <br />deeds and shall be enforceable at law or in equity. <br /> <br />15. Miscellaneous. <br />