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risk of Buyer, and to the extent of the monetary limitations in Fla. Stat. 768.28, Buyer hereby <br />indemnifies, protects, and holds Seller harmless and agrees to defend Seller from and against any and <br />all claims, demands, losses, damages, and liabilities (including but not limited to personal injury and <br />property damage claims and mechanics' or other liens), together with related costs and expenses, <br />including reasonable attorney fees and litigation costs, caused by Buyer or Buyers' agents on or to the <br />Property. This does not waive Buyer's right to sovereign immunity. In addition, Buyer shall keep the <br />Property free from any liens which could arise as a result of the exercise by Buyer of any of its rights <br />hereunder. <br />4.17. WAIVER OF TRIAL BY JURY. SELLER AND BUYER HEREBY MUTUALLY, <br />VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A <br />TRIAL BY JURY REGARDING ANY LITIGATION BASED OR ARISING OUT OF, UNDER OR <br />IN CONNECTION WITH THIS CONTRACT OR ANY AGREEMENT CONTEMPLATED TO BE <br />DELIVERED IN CONJUNCTION THEREWITH, OR ANY COURSE OF CONDUCT, COURSE <br />OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF EITHER <br />PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR EACH OF SELLER AND <br />BUYER ENTERING INTO THIS CONTRACT. <br />ARTICLE V - SPECIAL CONDITIONS <br />Seller has made a limited number of representations and warranties to Buyer in this Contract. <br />In consideration of Buyer waiving additional conditions, representations or warranties from Seller, <br />Seller and Buyer hereby agree as follows: <br />5.1. Condition Precedent. Buyer's obligation to close under this Contract shall be subject <br />to the satisfaction of the following conditions precedent enumerated below. In the event any one of <br />these conditions is not satisfied for any reason whatsoever, then this Contract shall terminate, and <br />Buyer and Seller shall be fully relieved from all further rights and responsibilities under this contract. <br />(A) The complete execution of this Contract by Seller and Buyer and the approval <br />of this Contract by Buyer's City Commission at a public meeting, pursuant to § 166.045, Fla. <br />Stat. <br />(B) No action, suit, proceeding, or official investigation shall have been threatened, <br />announced, or commenced by any person or federal, state or local government authority or <br />agency that seeks to enjoin, assess civil or criminal penalties against, or obtain any judgment, <br />order, or consent decree, with respect to either party hereto, in connection with their <br />respective representations and obligations under this Contract. <br />(C) Seller shall fully comply with the provisions of Section 286.23, Florida Statutes <br />by executing and delivering an Affidavit in the form of the Affidavit of Interest in Real <br />Property - Florida Statute 286.23, a copy of which is attached hereto as Exhibit "B." <br />(D) It is Seller's sole responsibility to remove all tenants, and the two separate <br />mobile homes, at Seller's sole expense no later than 5 days prior to Closing. Seller shall not <br />be obligated to initiate any action to remove all tenants, and the two separate mobile homes <br />