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Form Simplicity
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<br />9/2/20, 4:38 PM
<br />from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also be
<br />liable for the full amount of the brokerage fee,
<br />(b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract,
<br />including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the
<br />deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages,
<br />consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer
<br />will be relieved from all further obligations under this contract; or Seller, at Seller's option, may proceed in
<br />equity to enforce Seller's rights under this contract.
<br />17. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to
<br />recover from the non -prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting
<br />the litigation. This Paragraph 17 shall survive Closing or termination of this Contract.
<br />11S. Escrow Agent; Closing Agent. Seller and Buyer authorize Escrow Agent and closing agent (collectively
<br />"Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them
<br />upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing
<br />brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and
<br />finally collected and deposited In the account of Agent. The parties agree that Agent will not be liable to any person
<br />for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this
<br />contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay the filing fees
<br />and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed
<br />funds or equivalent and charged and awarded as court costs in favor of the prevailing party.
<br />19. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verity all facts and representations
<br />that are important to them and to consult an appropriate professional for legal advice (for example, interpreting this
<br />contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor
<br />reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax,
<br />property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside
<br />in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller
<br />representations or public records. Buyer agrees to rely solely on Seller, professional Inspectors, and
<br />government agencies for verification of the Property condition and facts that materially affect Property
<br />value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all
<br />levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising
<br />from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold
<br />harmless and release Broker and Broker's officers, directors, agents, and employees from all liability for loss or
<br />damage based on (I) Seller's or Buyer's misstatement or failure to perform contractual obligations; (ii) the use or
<br />display of listing data by third parties, including, but not limited to, photographs, images, graphics, video
<br />recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's
<br />performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475,
<br />Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor; (iv)
<br />products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each
<br />assume full responsibility for selecting and compensating their respective vendors, This Paragraph will not relieve
<br />Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract.
<br />This Paragraph will survive closing,
<br />20. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by
<br />Section 475.701, Florida Statutes, the following disclosure will apply* The Florida Commercial Real Estate Sales
<br />Commission Lien Act provides that when a broker has earned a commission by performing licensed services
<br />under a brokerage agreement with you, the broker may claim a lion against your net sales proceeds for the
<br />broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned.
<br />21. Brokers: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Instruction to
<br />closing agent: Seller and Buyer direct Closing Agent to disburse at Closing the full amount of the brokerage
<br />fees as specified in separate brokerage agreements with the parties and cooperative agreements between the
<br />Brokers, except to the extent Broker has retained such fees from the escrowed funds. This Paragraph will not be
<br />used to modify any MLS or other offer of compensation made by Seller or listing broker to cooperating brokers.
<br />SorS Sales A6SOclar a NO. Buyer's Sales Associate/License No,
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<br />13UYer and Sella
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