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8 <br />the terms of Section 9.A. and 9.B. above, upon Buyer’s request, Seller will issue to Buyer <br />a certificate acknowledging such completion and releasing Buyer’s reversionary interest in <br />the Property (the “Certificate of Completion”). Seller and Buyer agree to record the <br />Certificate of Completion immediately upon issuance, and the Buyer will pay the costs of <br />recordation. <br />D.Change of Intended Use. Buyer covenants and agrees that neither Buyer <br />nor any of Buyer’s successors or assigns will change its use of the Property from the <br />Intended Use of the Property defined above without obtaining Seller’s prior consent to such <br />change in writing. <br />10.DEFAULT. <br />A.If Seller defaults under this Agreement, Buyer shall have any and all <br />remedies available to it under this Agreement and otherwise at law or in equity including, <br />without limitation: (i) the right of specific performance; (ii) the right to terminate this <br />Agreement at any time after such default by delivering written notice of termination to <br />Seller; and/or (iii) the right to sue for damages, provided, however, that in no event shall <br />Seller be liable for more than One Thousand Dollars ($1,000.00) in damages. In the event <br />of any such termination, all Earnest Money shall be immediately returned to Buyer. All of <br />Buyer's remedies shall be cumulative and not exclusive. <br />B.If Buyer defaults under this Agreement, in addition to pursuing any other <br />remedies at law or in equity, Seller shall have the right to re-enter and take possession of <br />the Property and to terminate and revest in Seller the estate conveyed to Buyer at Closing <br />and all of Buyer’s rights and interests in the Property without offset or compensation for <br />the value of any improvements made by Buyer. <br />C.In the event Seller pursues legal action (including arbitration) to enforce <br />or interpret this Agreement, Buyer shall pay Seller’s reasonable attorneys’ fees and other <br />costs and expenses (including expert witness fees). <br />11.COVENANTS OF SELLER. Between the date of this Agreement and the <br />Closing Date, Seller shall: <br />A.not, without first obtaining the written consent of Buyer, enter into any <br />leases, contracts or other agreements, nor grant or permit any rights to any other party, <br />pertaining to the Property or any portion thereof, except in relation to Seller’s performance <br />of ongoing demolition work at the Property, if any; <br />B.comply with all private and governmental laws, rules, ordinances, <br />regulations, covenants, conditions, restrictions, easements, liens and agreements affecting <br />the Property or any portion thereof including, without limitation, the use thereof; and <br />C.comply with all requirements of the Title Company in connection with its <br />insurance of fee simple title to the Property in Buyer as required under Section 5 hereof <br />and elsewhere herein. <br />12.NOTICES.