CCP 09-22-1997 - Laserfiche WebLink

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I (K) If either party files any action or brings any proceeding against the other arising -- out of this Agreement, or is made a party to any action or proceeding brought by a third party I arising out of this Agreement, then as between Purchaser and Seller, the prevailing party (i.e., the party whose positi on is substantially upheld) shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court, I (L) If either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockout&, labor troubles, fires, I Acts of God, natural disasters, inability to procure material, failure of power, restrictive govemmenta1laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under this Agreement, the I period for the performance of any such work or act shall be extended for a period equivalent to the period of such delay. (M) Each party represents and warrants to the other that neither it nor its agents or I fCpresentatives have engaged or dealt with any broker, agent or finder with respect to thc transaction contemplated herein, and each party agrees to indemnify and hold harmless the other I party from any and all claims, costs, liabilities and expenses (including court costs and reasonable attorneys' fees) incurred by the other party as a result of the indemnifYing party's breach of its representation and warranty hereunder, eI 17. PlTRCHA!':F.R'S INDEMNIFICATION. In the event that this Agreement is terminated by either Purchaser or SeUer prior to I Closing, and notwithstanding the fact that such termination shall release Purch3ser from its obligation to buy the Property, nothing herein shall be deemed to release Purchaser from any I liability arising out of Purchasers activities (or those of its employees, agents, or contractors) on the Land, including, but not limited to, its actions on the Land while exercising its rights pursuant to Section 10 hereto, This provision shall survive Closing of the transaction herein I contemplated and the delivery of the Deed. Nor shall any termination of this Agreement relieve the Purchaser from any of ils obligations or liability under the Contract, unless specifically so stated in the Contract. I I I I .. 13 I I>l:"d 61>0<. LZ6 cI9 '~'d '3~13a ~ A3la~~a S0:n l.66I-61-d3S