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<br /> <br />9. Survey. Buyer may, at its sole cost and expense, obtain <br />a survey of the Real Property on or before 199_. <br />Buyer shall deliver a copy of such survey to Seller upon receipt <br />thereof. <br />10. Other Costs, Fees and Expenses of Seller and Buyer. <br />Seller shall pay Seller's attorneys' fees, all premiums for the <br />Owner's Policy of Title Insurance and the brokerage commission set <br />forth herein. Buyer shall pay Buyer's attorneys' fees, any <br />documentary or transfer fees imposed at the transfer of title to <br />the Property. Buyer and Seller shall equally share any escrow or <br />closing fees charged by any title company utilized in connection <br />with the closing. <br />11. Default: Remedy. In the event that either party fails to <br />perform such party's obligation hereunder (except as excused by the <br />other's default), the party claiming the default shall make written <br />demand for performance. If Seller fails to comply with such <br />written demand within ten (10) days after receipt thereof, Buyer <br />shall have the option to waive such default or terminate this <br />Agreement and, on such termination, the Earnest Money shall be <br />returned to Buyer. If Buyer fails to comply with such written <br />demand within ten (10) days after receipt thereof, Seller will have <br />the option to waive such default or to terminate this Agreement, <br />and upon such termination, Seller will be entitled to immediate <br />receipt of the Earnest Money as liquidated damages arising from the <br />default. Upon such return or payment of the Earnest Money, the <br />parties will be discharged from any further obligations and <br />liabilities hereunder. Neither party shall have the right to sue <br />in specific performance in the event of a default herein. <br />12. Brokerage. Seller has entered into an agreement <br />obligating it to pay to RE/MAX a broker's fee in the total amount <br />of six percent (6%) of the Purchase Price. Seller agrees to <br />indemnify and hold Buyer harmless against any claim for commissions <br />or other fees or compensation made by any person, including, <br />without limitation, RE/MAX, whose claim is based on contracts, <br />agreements, commitments or other obligations made or entered into <br />by Seller. Buyer agrees to indemnify and hold Seller harmless <br />against any claim for commission or other fees or compensation made <br />by any person whose claim is based on contracts, agreements, <br />commitments or other obligations made or entered into by Buyer. <br />The commission to be paid hereunder shall be paid only in event the <br />transaction closes and the Purchase Price is paid in full by Buyer. <br />Broker shall not be entitled to retain any of the Earnest Money in <br />the event of a default pursuant to this Agreement. <br />13. Notices. All notices hereunder to the respective parties <br />shall be in writing and shall be served by prepaid, registered or <br />certified mail, or by personal delivery addressed by the respective <br />parties at the following addresses. <br />D~IFlIFS\T~LLM.W\R ECSNSAL.~Gf - 4 - <br />