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a�a consenfs,or other documents necessary for 8uyer to conduct inspections and have estimates of such repairs , <br /> 275 or work prepared,but in fulfilling such obligation,Seller shall not be required to expend,ar become obligated to � <br /> 2�s expend,any money. ' <br /> 2i� (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AIVb WARRANTIES: At Buyer's option and <br /> 278 cost,Seller will, at Closing,assign all assignable repair,treatment and maintenance contracts and warranties <br /> 279 to Buyer. <br /> zao ESCROW AGEN7 AND BROKER <br /> za� 93. ESCROW AGENT: Any Closing Agent or Escrow Agsnt(collectively "Agent") receiving the Deposit, other funds <br /> zaz and other items is authorized, and agrees by acceptance of them, to deposit them promptly,hold same in escrow <br /> zas withln the State of Florida and, subJect to COLLECTION,disburse ihem fn accordance with terms and conditlons <br /> zsa of this Contract.Failure of funds to become COLLECTED shail not excuse 8uyer's perfarmance.When conflicfing <br /> zes demands for the peposit are received,or Agenf has a good faith doubt as to entitlement to the Deposit,Agent may <br /> zas take such actions permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agenfs duties or <br /> 2a� liabilities under this Contract,Agent may,at AgenYs option,continue to hold the subject matter of the escrow until <br /> 2ae the parties agree to its disbursement or until a finaf judgment of a court of competent jurisdiction shall determine <br /> 289 the rights of the parties, or Agent may deposit seme wlth the clerk of the circuit court having jurisdicfion of the <br /> 2so dispute.An attorney who represents a party and also acts as Agent may represent such party in such action.Upon <br /> 291 notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the <br /> zsz extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker,Agent will <br /> 293 comply with provisions of Chapter 475,F.S.,as amended and FREC rules to timely resolve escrow disputes through <br /> zsa mediation,arbltratlon,interpleader or an escrow disbursement order. <br /> �es In any proceeding between Buyer and Seller whereln Agent is made a party because of acting as Agent hereunder, <br /> 2se or in any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable � <br /> za� attorney's fees and costs incurred,ta be paid pursuant to court order out of the escrowed funds or equivalent.Agent <br /> zsa shall not be liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to <br /> zss Agent's will#ul breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or <br /> soo termination of this Contract. <br /> aot '14. PROFESSIONAL ADVlCE; BROKER LIABILI7Y: Broker advises Buyer and Seller to verify Property condition, <br /> 3oz square footage,and all other facts and representations made pursuant to this Contract and to consult appropriate <br /> sos professionals for legal,tax, environmental, and othe�specialized advice concerning matters affecting the Property <br /> 3oa and the transaction contemplated by this Contract.Broker represents to Buyer that Broker does not reside on the <br /> sos Property and that all representations(oral, written or otherwise)by Sroker are based on Seller representations or <br /> 3os public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFES510NAL INSPECTORS AND <br /> 30� GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND <br /> soa FACTS THAT MATEIZfALLY AFFECT PROPSR'TY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, <br /> aoe WRITTEN OR OTH�RWISE) OF BROKER. Buyer and Sel[er (individually, fhe "Indemnifying Party") each <br /> s�o individually indemnifies, holds harmless, and releases Broker and Broker's officers, directors, agents and <br /> s�� employees from all liabil(ty fo�loss or damage,including all costs and expenses, and reasonable attomeys fees at <br /> s�z all levels,suffered or incurred by Broker and Broker's officers,directors,agents and empfoyees in connection wlth <br /> 313 or arising from claims, demands or causes of action instituted by Buyer or Seller based on: (i) inaccuracy of <br /> s�a information provided by the Indemnifying Party or from public records;(ii) Indemnifying Party's misstatement(s)or <br /> 315 failure to pertorm contractual obfigations; (iii) Broker's performance, at Indemnifying Party's request, of any task <br /> s1s beyond the scope of services regulated by Chapter 475, F.S., as amended, including Broker's referral, <br /> 3�� recommendation or retention of any vendor for, or on behalf of, Indemnifying Party; (iv} products or 5ervices <br /> s�e provided by any such vendor for,or on behalf of,lndemnifying Party;and(v)expenses incurred by any such vendor. <br /> s�e Buyer and Seller each assumes full responsiblli[y for selecting and compensating thelr respective vendors and <br /> szQ paying their other costs under this Contract whether or not this transaction closes.This Paragraph 1�will not relieve <br /> a2� Broker of statutory obligations under Chapter 475, F.S., as amended. Far purposes of this Paragraph 14, Broker <br /> 322 will be treated as a party to this Contract.This Paragraph 14 shall survive Closing or termination of this Contract. <br /> 3z3 DEFAULT ANd QISPUTE RE30LUTION <br /> s2a 15. DEFAUL7: <br /> 325 (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perForrn Buyer's obligations under this Contract, <br /> 3se including payment of the Deposlt,withfn the time(s}specified,Seller may elect to recover and retain the Deposit <br /> a2� for the account of Seller as agreed upon liquidated damages,consideration for execution of this Contract,and <br /> sza in full settlement of any claims,whereupon Buyer and Seller shall be relieved from all further obligations under <br /> Buyers Initlals LNi Page 6 of 12 Sellers Initials� <br /> FloridaRealtorslFloridaBar-ASI&5 Rev.4/17�2017 Fforida Realtors�and The Florida Bar. All rights reserved. <br /> ---.._.._.. .... . ............__..__._.__. ...._..----._.._�..._.._._...._......._--�----._. ._....__..._..._..__. ._._. ._._. _.._.._._..---_ _--- ------•------ --._..__._..__.._.__. .. ....._. <br /> Serialp:075163•800149-9946785 �'(��•�'���I���t����.�:,�' <br /> � <br /> Electronically Signed using eSignOnlineTM'[Session lD:7ea347c2-5de7-416o-8fao-a966886a45f8] <br />