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possession on the date herein specified. Seller shall be subject to eviction and shall be additionally <br />liable to Buyer for payment of $100.00 per day from the date of agreed possession until possession <br />is delivered. <br />17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise <br />provided in this contract, the Property and Inclusions shall be delivered in the condition existing as <br />of the date of this contract, ordinary wear and tear excepted. In the event the Property shall be <br />damaged by fire or other casualty prior to time of closing, in an amount ofnot more than ten percent <br />of the total purchase price, Seller shall be obligated to repair the same before the date of closing. In <br />the event such damage in not repaired within said time or if the damages exceed such sum, this <br />contract may be terminated at the option of Buyer. Should Buyer elect to carry out this contract <br />despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from <br />such damage to the Property and Inclusions, not exceeding, however, the total purchase price. <br />Should any Inclusions(s) or service(s) fail or be damaged between the date of this contract and the <br />date of closing or the date ofpossession, whichever shall be eazlier, then Seller shall be liable for the <br />repair or replacement of such Inclusion(s) or services(s) with a unit of similaz size, age and quality, <br />or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or <br />replacement. The risk of loss for any damage to growing crops, by fire or other casualty, shall be <br />borne by the party entitled to the growing crops, if any, as provided in Section 2 and such party shall <br />be entitled to such insurance proceeds or benefits for the growing crops, if any. <br />18. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or <br />check received as earnest money hereunder or nay other payment due hereunder is not paid, honored <br />or tendered when due, or if any other obligation hereunder is not performed or waived as herein <br />provided, there shall be the following remedies: <br />(a) IF BUYER IN DEFAULT: <br />(Check one box only.) <br />^ (1) Specific Performance. <br />Seller may elect to treat this contract as cancelled, in which case all payments and things of <br />value receive hereunder shall be forfeited and retained on behalf of Seller, and Seller may <br />recover such damages as may be proper, or Seller may elect to treat this contract as being in <br />full force and effect and Seller shall have the right to specific performance or damages, or <br />both. <br />^ (2) Liquidated Damages. <br />All payments and things of value received hereunder shall be forfeited by Buyer and retained <br />on behalf of Seller and both parties shall thereafter be released from all obligations <br />hereunder. It is agreed that such payments and things of value are LIQUIDATED <br />DAMAGES and (except as provided in subsection (c)) are SELLER'S SOLE AND ONLY <br />REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly <br />waives the remedies of specific performance and additional damages. <br />K:U,IV\SCH10H\Tipping-2\VACANLCON.wpd 7 <br />