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such failure is not attributable to any failure by Seller to <br /> timely and fully perform all of Seller' s obligations <br /> hereunder, Seller, at Seller' s option, may in writing declare <br /> this Agreement terminated and retain all monies paid to Seller <br /> as liquidated damages. It is agreed that such payments are <br /> the Seller' s sole and only remedy for Purchasers ' failure to <br /> perform the obligations of this Agreement. Seller expressly <br /> waives the remedies of specific performance and additional <br /> damages. If Seller is in default, (1) Purchasers may elect to <br /> treat; this Agreement as terminated, in which case all payments <br /> and things of value received hereunder shall be returned to <br /> Purchasers; or (2) Purchasers may elect to treat this <br /> Agreement as being in full force and effect, and Purchasers <br /> shall have the right to an action for specific performance or <br /> damages, or both. <br /> REPRESENTATIONS AND WARRANTIES <br /> 10 . Seller hereby represents and warrants to the Purchasers <br /> that as of the date of the signing of this Agreement: <br /> (a) Seller has received no 'notice of and has no other <br /> knowledge of any litigation, claim or proceeding pending <br /> Or currently threatened which in any manner affects the <br /> Property; and <br /> (b) Seller has received no notice and has no other knowledge <br /> Of any current, existing violations of any federal, state <br /> or local law, code, ordinance, rule, regulation or <br /> requirement affecting the Property; and <br /> (c) Seller has the full right, power and authority to <br /> transfer and convey a fee simple interest in the Parcels <br /> and the Conservation Easements on the Lots, to Purchasers <br /> as provided in this Agreement and to carry out Seller' s <br /> Obligations under this Agreement; and <br /> (d) Each and every document, schedule, item and other <br /> information delivered or to be delivered by Seller to <br /> Purchasers hereunder, or made available to Purchasers for <br /> inspection hereunder, shall be true, accurate and <br /> orrect; and <br /> I <br /> (e) Seller has not entered into any agreement with any <br /> private person or entity or with any governmental or <br /> quasi-governmental entity with respect to the Property <br /> that may result in liability or expenses to Purchasers <br /> BOWES PURCHASE AGREEMENT, <br /> DIVISION OF LAND -10- <br />