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"o(.,~ ~ ~ ~(~ ~ ..\\~ .;' fees, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Each of the representations and warranties herein contained shall survive the Closing and shall not be affected. by any investigation, verification or approval by any party thereto or by anyone on behalf of any party hereto and shall not merge into Seller's deed being delivered at Closing. 10. Dama2e. If~ prior to the Closing Date, all or any part of the Property is substantially damaged by frre cagualty~ the elements or any other cause~ Seller shall imrnediately give notice to Buyer of such fact and at Buyer's option (to be exercised '\\ithin thirty days after Seller's notice), this Agreement shall terminate, in which event neither parry will have any further obligation~ under this Agreement and the Earnest Money, together with any accrued intere.'it, shall be refunded to Buyer. If Buyer fails to elect to terminate despite such damage, or if the Property is damaged but not substantially, Seller shall promptly commence to repair such damage or destruction and return the property to its condition prior to such damage. If such damage shall be completely repaired prior to the Closing Date then there shall be no reduction in the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage. If such damage shall not be completely repaired prior to the Closing Date but Seller is diligently proceeding to repair, then Seller shall complete the repair after the Closing Date and shall be entitled to receive the rocess of a.ll insurance related to such damage after repair is completed; provide , uyer shall have the right to delay the Closing Date until repair is completed. eller shaH fail to diligently proceed to repair such damage then Buyer shall have the right to require a ciosi.!lg to occur and the Purchase Price (and specifically the cash portion payable at the Closing Date) shall be reduced by the cos~ of such repair or at Buyer's option, the Seller shall assign to Buyer all right to receh'e the proceeds of ali insmance related to such damage and the Purchase Price shall remain the same. F 01' purposes of this Section, the words ,. subs1antiaJ1)- damaged" mean. damage that would cost $ or more to repair. 11. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Property) Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised vdthin thirty days after Seller's notice), this Agreement shall termlD3te, in which event neither party \\ill have further obligations under this Agreement and the Earnest Money together with any accrued interest, shall be refunded to buyer. If Buyer shall fail to giye such notice then there shall be .no reductiC'n in the Purchase Price, and Seller shall a.ssign to Buyer at the Closing Date all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date~ Seller shall not designate counsel, appear in, or othernise act with respect to the condemnation proceedings without Buyer's prior V\'l'itten consent. 12. Brokel"'s Comrni15siOll. lithe transaction co:;Jtemplated by this Agreement is consummated in the time and manner required by this Agreement, "Will pay a brokerage commission to as the sole real estate brokerage COmnllS5:0l! regarding this transaction. SeVer and Buyer represent and warrant to each other that they have dealt with no other brokers, finders or the like in connection v,.ith this transaction. and agree to indemni~' each other and to hold each other hannIess against all claims~ damages: costs or expenses of or for any other such fees or ccro.rn.issions resulting from their actions or agreements regarding the execution or performance of this Agreement, and ...:ill pay all COStS of 11