Laserfiche WebLink
16. Adjustments: Water and sewer charges, (if any), and taxes for the then current <br /> fiscal year, shall be apportioned, as of the day of performance of this agreement <br /> and the net amount thereof shall be added to or deducted from, as the case may <br /> be, the purchase price payable by the Buyer at the time of delivery of the deed. <br /> 17. Adjustment of Un-assessed and Abated Taxes: If the amount of said taxes is not <br /> known at the time of the delivery of the deed, they shall be apportioned on the <br /> basis of the taxes assessed for the preceding fiscal year,with a reapportionment as <br /> 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 /> 18. Deposit: All deposits hereunder shall be held in escrow by McShane <br /> Construction Co. as escrow agent subject to the terms of this agreement and shall <br /> be duly accounted for at the time of performance of this agreement. In the event <br /> of any disagreement between the parties, the escrow agent may retain all deposits <br /> made under this agreement pending instructions mutually given by the Seller and <br /> the Buyer. <br /> 19. Commission:None <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 Sellers sole and exclusive <br /> remedy at law or in equity. <br /> 21. 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 /> 22. 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 /> previously made in writing, except for the following additional warranties and <br /> representations, if any,made by either the Seller or the Broker(s): None <br /> `r <br />