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at Closing. Special assessment liens pending as of the date of Closing shall be assumed by Buyer; <br />provided, however, that if the improvements which form the basis for such special assessment are <br />substantially completed as of the date of Closing they shall be deemed to have been certified, <br />confirmed or ratified and Buyer shall, at Closing, be credited with an amount equal to the last estimate <br />of the assessment for the improvement made by the appropriate public body. <br />4.11. Default. IfBuyer fails to perform any ofBuyer's covenants set forth in this Contract, <br />the Deposit, if any, shall be paid to and retained by and for the account of Seller as agreed upon <br />liquidated damages and in full settlement of any claims whatsoever. If Seller fails to perform any of <br />Seller's covenants set forth in this Contract or fails to convey the Property when Seller is obligated to <br />do so in accordance with the terms hereof, Buyer shall have, as its sole and exclusive remedies, the <br />election of either (i) demanding and receiving a refund of the Deposit, if any, immediately or (ii) the <br />right of specific performance against Seller. <br />4.12. Severability. If any one or more of the provisions of this Contract is held invalid, <br />illegal or unenforceable, the remaining provisions of this Contract shall be unimpaired, and the <br />remaining provisions of this Contract shall be construed to best carry out the original intent of the <br />parties hereto. <br />4.13. Comulete Agreement. This Contract evidences the complete understanding of the <br />parties hereto as respects the matters addressed herein. No agreement or representation, unless set <br />forth in this Contract, shall bind either of the parties hereto. <br />4.14 Notices. Notices to Seller and Buyer shall be deemed delivered (i) when hand <br />delivered, or (ii) one (1) business day following delivery to an express delivery courier, such as <br />Federal Express, or (iii) three (3) days following deposit in U.S. mail, certified, return receipt <br />requested. Notice shall be given to the following addresses: <br />To Seller: City of Casselberry <br />Attn: Barbara Lipscomb, City Manager <br />95 Triplet Lalce Drive <br />Casselberry, FL 32707 <br />Tel: 407-262-7700 ext. 1130 <br />Fax: 407-262-7745 <br />Copy to: Catherine D. Reischmann, Esq. <br />City Attorney <br />Brown, Garganese, Weiss & D'Agresta, P.A <br />111 N. Orange Ave., Ste. 2000 <br />Orlando, FL 32801 <br />Tel: 407-425-9566 <br />Fax: 407-425-9596 <br />To Buyer: James A. Thompson <br />Elizabeth Thompson <br />4 <br />