14-2645 Sale of City Surplus Property to John Zacco

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4.15. 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 enumerated 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 of this 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. 5.2. Intended Use of the Property. The parties acknowledge that Buyer intends to use the Property for residential purposes. 5.3. Brokerage. Both parties agree that Buyer and Seller hereby represent to each other that neither party has dealt with or engaged a broker with respect to the transaction contemplated herein. Each party hereby agrees to indemnify the other from and against any claim for brokerage commission or finder's fee asserted by any other person, firm or corporation claiming by, through or under said party. 5.4. Seller Warranties. This Property is being sold "as is ". Buyer acknowledges that, except as expressly stated above, Seller has made no representations or warranties, written or oral, express or implied, with respect to the Property. During the period that this Contract is in effect, Seller shall maintain the Property in its current condition, reasonable wear and tear excepted. W