11-2216 Purchase and Sale of a Portion of Parcel 10-21-30-501-0000-35B0 James Thompson

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protective order from such disclosure. The provisions ofthis Section 4.16 shall survive the Closing or earlier termination ofthis Contract. 4.17. WAIVER OF TRIAL BY JURY. SELLER AND BUYER HEREBY MUTUALLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTRACT OR ANY AGREEMENT CONTEMPLATED TO BE DELIVERED IN CONJUNCTION THEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR EACH OF SELLER AND BUYER ENTERING INTO THIS CONTRACT. ARTICLE V -SPECIAL CONDITIONS Seller has made a limited number of representations and warranties to Buyer in this Contract. In consideration of Buyer waiving additional conditions, representations or warranties from Seller, Seller and Buyer hereby agree as follows: 5.1. Condition Precedent. Buyer's obligation to close under this Contract shall be subject to the satisfaction of the following conditions precedent emimerated below. In the event any one of these conditions is not satisfied for any reason whatsoever, then this Contract shall terminate, and Buyer and Seller shall be fully relieved from all further rights and responsibilities under this Contract. (A) The complete execution ofthis Contract by Seller and Buyer and the approval of this Contract by the City Commission of the City of Casselberry at a public meeting, pursuant to § 166.045, Fla. Stat. (B) No action, suit, proceeding, or ofFicial investigation shall have been threatened, announced, or commenced by any person or federal, state or local government authority or agency that seeks to enjoin, assess civil or criminal penalties against, or obtain any judgment, order, or consent decree, with respect to either party hereto, in connection with their respective representations and obligations under this Contract. (C) Buyer agrees to obtain approval of a replat on the subject property including Buyer's two adjacent properties in accordance with Chapter 177, Fla. Stat., and the City of Casselberry City Code prior to closing. 5.2. Intended Use of the Property. The parties acknowledge that Buyer intends to use the Property for residential purposes. 5.3. Platting Requirements. The Property must have received final plat approval, contingent on the Closing, by the City of Casselberry by Closing. Seller shall execute whatever