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2004-07-28 WS & CC Meeting
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2004-07-28 WS & CC Meeting
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<br />SECTION 18 - REMEDIES <br /> <br />18.01 In the event Buyer fails to comply with any or all of the obligations, covenants, warranties <br />or agreements to be performed, honored or observed by Buyer under and pursuant to the <br />terms and provisions of this Agreement and such default is not cured within thirty (30) days <br />after written notice (other than Buyer's fuilure to tender the Purchase Price on the date of <br />Closing, a default for which no notice is required), then Seller may (i) terminate this <br />Agreement or (ii) seek an action for specific performance against Buyer to enforce the <br />provisions of this Agreement. <br /> <br />18.02 The failure of either party to act upon a default of the other in any of the terms, conditions <br />or obligations under this Agreement shall not be deemed a waiver of any subsequent breach <br />or default under the terms, conditions or obligations hereof by such defaulting party. <br /> <br />18.03 In the event Seller fails to comply with any or all of the obligations, covenants, warranties <br />or agreements to be performed, honored or observed by Seller under and pursuant to the <br />terms and provisions of this Agreement, and such default is not cured within thirty (30) <br />days after written notice, Buyer may either (i) terminate this Agreement or (ii) seek an <br />action for specific performance against Seller to enforce the provisions of this Agreement. <br /> <br />SECTION 19-McrSCELLANEOUS <br /> <br />19.01 This Agreement shall be binding upon and inure to the benefit of and bind the parties <br />hereto, their respective heirs, executors administrators, personal and/or legal <br />representatives, successors and assigns. <br /> <br />19.02 All covenants, warranties, representations and agreements of Seller and Buyer contained in <br />this Agreement or in any document executed by either party pursuant to this Agreement <br />shall survive the execution and delivery of the Property Deed. <br /> <br />19.03 This Agreement constitutes the entire agreement between the parties and there are no <br />representations, oral or written, relating to the Property or to this transaction which have <br />not been incorporated herein. Any agreement hereafter made shall be ineffective to change, <br />modifY or discharge this Agreement in whole or in part uuless such agreement is in writing <br />and signed by the party against whom enforcement of any change, modification or <br />discharge is sought. <br /> <br />19.04 The headings of Sections hereof have been inserted for convenience only and shall in no <br />way modifY or restrict any provisions hereof or be used to construe any such provisions. <br /> <br />19.05 If two or more persons constitute the Sellers, "Seller" shall be construed as ifit reads <br />"Sellers" throughout this Agreement. <br /> <br />19.06 If two or more persons constitute the Buyers, "Buyer" shall be construed as if it reads <br />Buyers" throughout this Agreement. <br /> <br />C:\Dooumeots and Settings\TBenderILo<al Settings\Temp<>rary Internet Files\OLIOD\Purcllas. and Sal. nfvacant lot _ 07-22.o4.doc 8 <br /> <br />L_ __ <br />
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