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indemnify, defend and hold harmless Purchaser from all costs, expenses and claims, including cost <br />of suit and reasonable attorneys' fees, for any compensation, commissions or fees claimed solely <br />through Seller by any realtor, broker or agent with respect to the sale of the Property and the <br /> <br />negotiation thereof. <br /> Notwithstanding the foregoing, however, it is acknowledged by the parties that Donna M. <br />Ban', a licensed Colorado real estate broker, is acting as a consultant to Seller in this transaction and <br />will not receive any commission in connection with the sale of the Property. <br /> <br /> 8. PRORATIONS/REAL ESTATE TAXES <br /> Real estate and personal property taxes and assessments shall be prorated as of the Closing <br />Date based upon the most recent tax rate, mill levy and assessed valuation for the Property, which <br />proration shall be deemed a final settlement. Purchaser shall receive a credit to the Purchase Price <br />for Seller's proportionate share of any taxes so apportioned. Purchaser shall be solely responsible for <br />all other taxes, if any. <br /> Ali other items of income or expense relating to the Property, if any, shall be apportioned <br /> between Purchaser and Seller as of the Closing Date and credited to Purchaser or Seller, as the case <br /> may be, at Closing. Any such proration shall be deemed a final settlement between the parties with <br /> respect to the item of income or expense relating thereto. <br /> <br /> 9. DEFAULT/REMEDIES <br /> (a) The parties hereto agree that no act or omission shall be deemed an event of <br />default hereunder unless the non-defaulting party shall have given the defaulting party Notice of the <br />alleged default and fourteen (14) days to cure the same. <br /> (b) The parties, recognizing the difficulty in ascertaining actual damages, hereby <br /> agree that the remedies available to Purchaser, in the event of a breach hereunder by Seller, shall be <br /> limited to (i) the right to obtain a refund of the Earnest Money, or (ii) the right to request the specific <br /> performance of this Agreement. <br /> (c) In the event of a breach hereunder by Purchaser, the remedies available to <br /> Seller shall be limited to the fight to retain the Earnest Money, including all interest accrued thereon, <br /> if any, as liquidated damages and not as a penalty. <br /> <br /> -9- <br />H:'~D\W~F I \102M'O93'~A..6P&.qLouisvill~.wi~1 <br /> <br /> <br />