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a third party arising out of this Agreement, then as between Purchaser and Seller, the prevailing party <br />shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorneys' <br />fees to be fixed by the court. The "prevailing party" shall be the party who is entitled to recover its <br />costs of suit, whether or not suit proceeds to final judgment. A party not entitled to recover its costs <br />shall not recover attorneys' fees. No sum for attorneys' fees shall be counted in calculating the <br />amount of a judgment for purposes of determining whether a party is entitled to attorneys' fees. <br /> (m) Nothing herein contained shall be deemed or construed by the parties hereto <br /> or by any third person to create the relationship of principal or agent or of partnership or joint venture <br /> or of any association between Seller and Purchaser, except their relationship as Seller and Purchaser <br /> of the Property. <br /> <br /> (n) As used herein, the phrase "date of mutual execution of this Agreement" shall <br /> mean the later of(i) the date on which Purchaser executes this Agreement, or (ii) the date on which <br /> Seller executes this Agreement. <br /> <br /> (o) The parties agree that facsimile signatures hereto will be accepted as original <br /> signatures hereto. <br /> <br /> (p) In addition to any right or remedy set forth herein, Purchaser shall have the <br /> right to terminate this Agreement in the event any action at law or in equity is commenced to defeat <br /> or enjoin Purchaser's performance hereunder. <br /> <br /> (q) Seller agrees that it shall not, so long as this Contract is in effect, legally <br /> <br />burden or develop the Property. <br /> <br /> 13. TERMINATION OF ESCROW <br /> <br /> In the event documents have been placed in Escrow with the Title Company and this <br />Agreement is terminated prior to or the Closing does not take place on the Closing Date, and no <br />extension of the Closing Date occurs as herein set forth, either party hereto may at any time thereafter <br />give Notice to the Title Company (or other escrow holder) and the other party directing the Title <br />Company (or other escrow holder) to cancel the Escrow and return the documents deposited in the <br />Escrow to the party depositing the same. The Title Company or such other escrow holder shall <br />comply with the Notice without further consent from any other party to the Escrow. Cancellation <br /> <br />H:~D\Wl~l\10234'O93~A-6P&SLouisvilla.vq~d = 14- <br /> <br /> <br />