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Revenue Code Section 1445; <br /> <br />(ix) <br /> <br />If applicable, an affidavit by a professional <br />engineer as described in Paragraph 12; <br /> <br />(x) <br /> <br />Any other documents required by this Agreement to <br />be delivered by Seller to the title company or <br />reasonably required by Purchasers or the title <br />company in connection herewith; <br /> <br />(xi) <br /> <br />Any quitclaim deeds as described in Paragraph 2 of <br />this Agreement. <br /> <br />(b) At closing Purchasers shall deliver to Seller: <br /> <br />(i) <br /> <br />The applicable balance of the purchase price by <br />Purchasers' warrant, or other good funds for the <br />Property; <br /> <br />(ii) Purchasers' closing costs which include all <br /> incidental costs and fees customarily paid by <br /> Purchasers in Boulder County and one-half of the <br /> cost of any closing fee; and <br /> <br />o <br /> <br /> It is agreed that time is of the essence hereof. If the <br />Purchasers should fail or default in prompt payment of the <br />purchase price for the Property according to the terms and <br />conditions of this Agreement, and such failure is not <br />attributable to any failure by Seller to timely and fully <br />perform all of Seller's obligations hereunder, Seller, at <br />Seller's option, may in writing declare this Agreement <br />terminated and retain all monies paid to Seller as liquidated <br />damages. It is agreed that such payments are the Seller's <br />sole and only remedy for Purchasers' failure to perform the <br />obligations of this Agreement. Seller expressly waives the <br />remedies of specific performance and additional damages. If <br />Seller is in default, (1) Purchasers may elect to treat this <br />Agreement as terminated, in which case all payments and things <br />of value received hereunder shall be returned to Purchasers; <br />or (2) Purchasers may, individually or collectively, elect to <br />treat this Agreement as being in full force and effect, and <br />Purchasers shall have the right to an action for specific <br />performance or damages, or both. <br /> <br />REPRESENTATIONS AND WARRANTIES <br /> <br />o <br /> <br /> Seller hereby represents and warrants to the Purchasers <br />that as of the date of the signing of this Agreement: <br /> <br />(a) <br /> <br />Seller has received no notice of and has no other <br />knowledge of any litigation, claim or proceeding pending <br /> <br />FIN~RU PURCHASE A~REEMENT -5- <br /> <br /> <br />