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<br />277 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also be
<br />278 liable for the full amount of the brokerage fee.
<br />279 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this Contract,
<br />280 including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the
<br />281 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages,
<br />282 consideration for execution of this Contract, and in full settlement of any claims, whereupon Seller and Buyer
<br />283 will be relieved from all further obligations under this Contract; or Seller, at Seller's option, may proceed in
<br />284 equity to enforce Seller's rights under this Contract.
<br />285 17. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to
<br />286 recover from the non -prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting
<br />287 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract.
<br />288 18. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively
<br />289 "Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them
<br />290 upon proper authorization and in accordance with Florida law and the terms of this Contract, including disbursing
<br />291 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and
<br />292 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any person
<br />293 for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this
<br />294 Contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay the filing fees
<br />295 and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed
<br />296 funds or equivalent and charged and awarded as court costs in favor of the prevailing party.
<br />297 19. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations
<br />298 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting this
<br />299 Contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor
<br />300 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax,
<br />301 property condition, environmental, and other specialized advice. Buyer acknowledges that all representations
<br />302 (oral, written, or otherwise) by Broker are based on Seller representations or public records. Buyer agrees to rely
<br />303 solely on Seller, professional inspectors, and government agencies for verification of the Property
<br />304 condition and facts that materially affect Property value. Seller and Buyer respectively will pay all costs and
<br />305 expenses, including reasonable attorneys' fees at all levels, incurred by Broker and Broker's officers, directors,
<br />306 agents, and employees in connection with or arising from Seller's or Buyer's misstatement or failure to perform
<br />307 contractual obligations. Seller and Buyer hold harmless and release Broker and Broker's officers, directors,
<br />308 agents, and employees from all liability for loss or damage based on (i) Seller's or Buyer's misstatement or failure
<br />309 to perform contractual obligations; (ii) the use or display of listing data by third parties, including, but not limited to,
<br />310 photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, and remarks related
<br />311 to the Property; (iii) Broker's performance, at Seller's or Buyer's request, of any task beyond the scope of
<br />312 services regulated by Chapter 475, Florida Statutes, as amended, including Broker's referral, recommendation, or
<br />313 retention of any vendor; (iv) products or services provided by any vendor; and (v) expenses incurred by any
<br />314 vendor. Seller and Buyer each assume full responsibility for selecting and compensating their respective vendors.
<br />315 This Paragraph will not relieve Broker of statutory obligations. For purposes of this Paragraph, Broker will be
<br />316 treated as a party to this Contract. This Paragraph will survive closing.
<br />317 20. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by
<br />318 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales
<br />319 Commission Lien Act provides that when a broker has earned a commission by performing licensed services
<br />320 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the
<br />321 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned.
<br />322 21. Brokers: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Instruction to
<br />323 closing agent: Seller and Buyer direct Closing Agent to disburse at Closing the full amount of the brokerage
<br />324 fees as specified in separate brokerage agreements with the parties and cooperative agreements between the
<br />325 Brokers, except to the extent Broker has retained such fees from the escrowed funds. This Paragraph will not be
<br />326 used to modify any MLS or other offer of compensation made by Seller or listing broker to cooperating brokers.
<br />327* Nancy Groves-BK3450127
<br />328 Seller's Sales Associate/License No, Buyer's Sales Associate/License No.
<br />Buyer) (.88 and Sel r (' O acknowledge receipt of a copy of this page, which is 6 of 8 pages.
<br />VAC-14XXC- Rev X123 � ©2023 Florida Realtors®
<br />This software is licensed to [Ms. Nancy Groves - YELLOW DOOR REALTY LLC] www.transactiondesk.com, TRANSACTIONS
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