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n <br />40. In the event that either the Sellcr or the Buyer terminate or breach any provisions of this <br />Agreement, the remedies shall be as follows: <br />(a) In the event Seller has defaulted in the due and timely performance of its obligations <br />under this Agreement, or in the event of a breach of Seller's representations and <br />warranties in this Agreement (collectively, "Seller's Default'), then at Buyer's election, <br />Buyer may enforce specific performance of this Agreement, may bring suit for damages <br />against Seiler, and may exercise any other right or remedy Buyer may have at law or in <br />equity by reason of such Seller's Default. <br />(b) If this Agreement is terminated prior to Closing because any of the conditions to Buyer's <br />obligations have not been timely satisfied, then Escrow Agent shall return to .Buyer the <br />deposit. <br />(c) THE PARTIES ACKNOWLEDGE AND AGREE THAT ANYTHNG IN THUS <br />AGREEMENT TO THE CONTRARY NOTWITHSTANDING, IF THIS <br />TRANSACTION FAILS TO CLOSE BECAUSE OF BUYER'S DEFAULT IIT ITS <br />OBLIGATIONS HEREUNDER. SELLER SHALL BE ENTITLED TO IMMEDIATE <br />FULL CASH PAYMENT OF <br />WHICH IS THEN IN ESCROW, AS LIQUII?ATED <br />DAMAGES, WATCH SHALL BE THE SELLER'S SOLE REMEDY IN LAW AND AT <br />EQUITY. <br />13ST991328933-2.065432.6611 <br />