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PERMFILE119027
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PERMFILE119027
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Entry Properties
Last modified
8/24/2016 10:14:45 PM
Creation date
11/25/2007 6:21:56 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980003
IBM Index Class Name
Permit File
Doc Date
12/17/2002
Section_Exhibit Name
1996 Tab 3 Appendix 3-3 Agreement of Sale
Media Type
D
Archive
No
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obligations of Buyer under this Agreement or under any document to <br />be executed by Buyer in connection herewith. <br />19. No Recording; Ouit Claim Deed. Buyer shall not <br />record this Agreement or any evidence hereof. Recording this <br />Agreement or any evidence hereof shall constitute a material <br />default by Buyer entitling Seller to all remedies available at law <br />or in equity. In the event that this Agreement is terminated, <br />Buyer shall promptly execute and deliver to Seller a quitclaim deed <br />conveying to Seller any interest Buyer may have in the Property <br />hereunder. Buyer shall be liable to Seller for any damages <br />suffered by Seller on account of any recording of this Agreement <br />and on account of any failure of Buyer to execute and deliver such <br />quitclaim deed as required hereby, including, without limitation, <br />any consequential damages. <br />20. Attornevs' Fees. In the event that a law suit or <br />other action is brought to enforce or interpret all or any portion <br />of this Agreement, the prevailing party in such suit or action <br />shall be entitled to recover, in addition to any other relief <br />available to such party, reasonable costs and expenses, including, <br />without limitation, reasonable attorneys' fees, incurred in <br />connection with such suit or action. <br />21. Remedies. <br />. (A) Seller's Remedies. In the event of any breach <br />or failure to perform hereunder by Buyer, which breach or <br />failure continues uncured for 5 days after written notice <br />thereof is given to Buyer, Seller shall, as Seller's only <br />remedy, be entitled to terminate this Agreement and <br />retain the Deposit as liquidated damages; except that, in <br />the event of any breach or failure by Buyer under any of <br />the provisions of Paragraphs 8, 17, 18, or 19, Seller <br />shall also be entitled to all remedies available for such <br />a breach, at law or in equity. <br />(B) Buyer's Remedies. In the event of any breach <br />or failure to perform hereunder by Seller, which breach <br />or failure continues uncured for 5 days after written <br />notice thereof is given to Seller, Buyer shall be <br />entitled to receive a refund of the Deposit and to pursue <br />any remedy available for the recovery of any actual <br />damages suffered by Buyer in connection with such breach <br />or failure by Seller. Buyer shall further be entitled to <br />the remedy of specific performance. Buyer hereby waives <br />any remedy for consequential, special, exemplary,. or <br />punitive damages arising from or related to any such <br />breach or failure to perform by Seller: <br />22. Notices. All notices provided for herein shall be <br />• in writing and shall be deemed given to a party when a copy <br />thereof, addressed to such party as provided herein, is actually <br />delivered, by personal delivery, by commercial courier, by <br />-12- <br />
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