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soon as the new tax rate and valuation can be ascertained; and, if the taxes which <br /> are to be apportioned shall thereafter be reduced by abatement, the amount of <br /> such abatement, less the reasonable cost of obtaining the same, shall be <br /> apportioned between the parties, provided that neither party shall be obligated to <br /> institute or prosecute proceedings for an abatement unless herein otherwise <br /> agreed. <br /> 17. Broker's Fee: A broker's fee for professional services of$20,000.00 is due from <br /> Seller to Seaview Real Estate, the Broker(s)herein, but only if and when title <br /> transfers and full consideration is paid pursuant hereto. <br /> 18. Broker(s) Warranty: The Broker(s) names herein SeaView Real Estate <br /> warrant(s) that they are duly licensed as such by the Commonwealth of <br /> Massachusetts. <br /> 19. Deposit. All deposits hereunder shall be held in escrow by Seller's Attorney, <br /> Peter N. Conathan, as escrow agent subject to the terms of this agreement and <br /> shall be duly accounted for at the time of performance of this agreement. In the <br /> event of any disagreement between the parties, the escrow agent may retain all <br /> deposits made under this agreement pending instructions mutually given by the <br /> Seller and the Buyer. Said deposit shall be held in an interest bearing account <br /> with the interest to follow the deposit. <br /> 20. Buyer's Default Damages: If the Buyer shall fail to fulfill the Buyer's <br /> agreements herein, all deposits made hereunder by the Buyer shall be retained by <br /> the Seller as liquidated damages which shall be the Seller's sole and exclusive <br /> remedy at law or in equity. <br /> 21. Release by Husband or Wife: The Seller's spouse hereby agrees to join in said <br /> deed and to release and convey all statutory and other rights and interests in said <br /> premises. <br /> 22. Broker as Parry. The Broker(s) named herein join(s) in this agreement and <br /> become(s) a party hereto, insofar as any provisions of this agreement expressly <br /> apply to the Broker(s), and to any amendments or modifications of such <br /> provisions to which the Broker(s) agree(s) in writing. <br /> 23. Liability of Trustee, Shareholder, Beneficiary, etc: If the Seller or Buyer '- <br /> executes this agreement in a representative or fiduciary capacity, only the <br /> principal or the estate represented shall be bound, and neither the Seller or Buyer <br /> so executing, nor any shareholder or beneficiary of any trust, shall be personally <br /> liable for any obligation, express or implied, hereunder. <br /> 24. Warranties and Representations: The Buyer acknowledges that the Buyer has <br /> not been influenced to enter into this transaction nor has he relied upon any <br /> warranties or representations not set forth or incorporated in this agreement or <br /> Dunning&Kirmne,L.L.P. <br /> 133 Falmowh Road P.O.Box 560,Ma hpee.MA 02649 <br /> (508)477-6500 (508)477-5697 Fax <br />