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• 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 el en not merge into Seller's deed being delivered at Closing. 10. Damaae. It prior to the Closing Date, all or any part of the Property is substantially damaged by fire casualty, the elements or any other cause, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days after Seller's notice), this Agreement shall terminate, in which event neither parry will have any further obligations under this Agreement and the Earnest Money, together with any accrued interest, 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. I£ such damage shall not be completely repaired prior to the Closing Date but Seller is diligently proceedine to repair, then Seller shall complete the repair after the Closing Date and shall be entitled to receive the • •cess of all 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 shall fail to diligently proceed to repair such damage then Buyer shall have the right to require a closing to occur and the Purchase Price (and specifically the cash portion payable at the Closing Date) shall be reduced by the cost of such repair or at Buyer's option, the Seller shall S assign to Buyer all right to receive the proceeds of all insurance related to such damage and the �yo Purchase Price shall remain the same. For purposes of this Section, the words 'substantially damaged" mean damage that would cost $ or more to repair. I1. Condentnatior;. 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 within thirty days after Seller's notice), this Agreement shall terminate, in which event neither party will 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 give such notice then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, tide 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 otherwise act with respect to the condemnation proceedings without Buyer's pr,'or written consent. 12. Broker's Commission. If the transaction coatemplated 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 1 V*1/4 commission regarding this transaction. Seller and Buyer represent and warrant to each other that they have dealt with no other brokers, finders or the like in connection with this transaction, and agree to indemnifj each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of 11