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Home My WebLink About2385 a r....~ r~oirling ttie deposit may at his option: t., take no action a~~d hold all lungs Land ~:;;~ments, it any) until agreement reached between the disputing parties, or until a judgment has been entered by 2+ court of competent jurisdiction U..d the appeal period has expired thereon, or if apFealed then until the matter has been finally concluded, anc~ jlen to act in accordance with such final judgment; or (2) institute an action for declaratory judgment, interpleader or tilher- wise joining all affected parties and thereafter complying with the ultimate judgment o1 the court with regard to the disbursement of the deposit and disposition of documents, if any. In the event of any sult•between Buyer and Seller ~nrherein the escrow agent is made a party by virtue of acting as such escrow agent hereunder, Or in the evert of any suit wherein escrow agent interpleadS the subject matter of this escrow, the escrow agent shall be entitled to recover a reasonable attorney's fee and costs incurred, including costs and attorney's fees for appellate proceedings, if any, said tees and costs to be charged and assessed as court costs in favor of the prevailing party. T. ATTORNEY FEES AND COSTS: In connection with any litigation arising out of this Contract. the prevailing party whether Buyer, Seller or Broker, shall b!e entitled to recover all costs incurred including reasonable attorney's fees for services rendered in connection with such litigation, including appellate proceedings and postjudgment pro- ceedings. U. DEFAULT: In the event of default of either party, the rights of the non-defaulting party and the Broker shall be as . ur~vided herein and such rights shall be deemed to be the sole and exclusive rights in such event; (a) It Buyer fails to - - perform any of the covenants of this Contract, all money paid or deposited pursuant to this Contract by the Buyer sh~l) be retained by or for the acc~uni of the Seller as consideration for the execution ~f this Contract as agreed and liqui- dated damages and in full settlement of any claims for damages by the Seller against t~r~ Le:; ;i ;,:slitir. ~diis to perform any of the covenants of this Contract, all money paid or deposited pursuant to this Contract by the Buyer shall be returned to the Buyer upon demand, or the Buyer shall have the right of specific performance. In addition, Setter shall pay forthwith to Broker the full professlonal'service fee provided for on the reverse side of this Contract. V. PERSONS BOUND: The beneiNs and obiigalions of the covenants herein shall inure to and bind the respective heirs, personal representatives, successors, and assigns (where assignment is Qermittedi of the parties hereto. When- ~ver used. the singular number shaft include the plural, the plural the singular, and the use of any gender shall include ail genders. ~ ~ . VV. SURVIVAL OF COVENANTS AND SPECIAL COVENANTS: Seller covenants and warrants that there is ingress and egress to subject property over public or private roads or easements. which covenants shall survive delivery of deed. No other provision. covenant, or warranty of this Contract shall survive the delivery of the deed except as ex- pressly provided herein. X. FINAL AGREEMENT: This Contract represents the final agreement of the parties and no agreements or repre- sentations, unless incorporated into this Contract, shall be binding on any of the parties. Typewritten provisions shat! supersede printed provisions and handwritten provisions shall supersede typewritten and/or printed provlsions. Such Handwritten or typewritten provisions as are-appropriate may be inserted on the face of this form or attached hereto as an addendum. The date of this Contract shall be the day upon which it becomes fully executed by all parties. The form of this "Deposit Receipt and Contract for Sale and Purchase" has been :.;l~lroved ny fhc 3rc~~:•-~tf County Bar A.;sociat~^n the Fort Lauderdale Area E3oard of NEAITUR~'~ .Inc. f . pt:C0R4fD t!: ti;E GfflC!41 P.:CGZCS BSl:v': ~ r~ 6R071ARD CCi!t1tY. flt1RIDA ~ cRAx~r~ tiv~T ~ _ Caunpr au51+,;tsiR4rOfi _ [ - - i S Tw 1 ~ S F ~ ~ I > n m + F..i OR c~p ~ .l BOOK~~ PAGE~JC7~ 4'__` -