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(B) In the event the Purchaser should fail to consummate the transaction <br />contemplated herein for any reason except for (i) any permissible reasons set forth herein <br />or (ii) reasonable extension of the Closing Date not to exceed thirty (30) days, or (iii) <br />Seller's default, Seller may demand the Escrow Agent to pay any deposit, such sum being <br />agreed upon as liquidated damages for the failure of Purchaser to perform the duties, <br />liabilities, and obligations imposed upon it by the terms and provisions of this Agreement <br />and because the difficulty, inconvenience, and uncertainty of ascertaining actual <br />damages, and no other damages, rights or remedies shall in any case be collectible, <br />enforceable or available to Seller other than as provided in this paragraph. <br />(C) Seller and Purchaser shall not be required to perform any obligation under <br />this Agreement or be liable to each other for damages so long as the performance or <br />nonperformance of the obligation is delayed, caused, or prevented by an Act of God or <br />Force Majeure. An "Act of God" or "Force Majeure" is defined as hurricanes, earthquakes, <br />floods, fire, unusual transportation delays, wars, insurrections, epidemics, and any other <br />cause not reasonably in the control of the claiming party and which by exercise of due <br />diligence the non-performing party is unable in whole or in part to prevent or overcome. <br />13. BROKERS. Seller and Purchaser each warrant to each other that no persons, <br />firms, corporations, or other entities are entitled to a real estate commission or other fees <br />as a result of this Agreement or subsequent closing, except as accurately disclosed <br />below: <br />Seller: None <br />Purchaser: None <br />Seller shall and Purchaser shall, to the extent permitted by applicable law, indemnify and <br />hold harmless each other from any and all such claims under this paragraph, whether <br />disclosed or undisclosed. However, Seller and Purchaser agree that this provision shall <br />not have the effect of waiving sovereign immunity or the provisions of Section 768.28, <br />Florida Statutes. <br />14. ESCROW AGENT AND ESCROW PROCEDURE. Escrow Agent, as specified in <br />paragraph 1(C), by acceptance of the funds deposited by Purchaser hereunder, agrees <br />to hold such funds and to disperse the same only in accordance with the terms and <br />conditions of this Agreement. In the event of a termination of this Agreement or a default <br />under this Agreement, the deposit (inclusive of the interest accrued thereon) shall be <br />delivered or disbursed by Escrow Agent as provided in this Agreement. If either Party <br />shall declare the other party in default under this Agreement and such Party makes <br />demand (the "Demand") upon Escrow Agent for possession of the deposit, said Party <br />must provide the other Party with a copy of such Demand made upon Escrow Agent. <br />Except with respect to Demands for the deposit made by Purchaser prior to or on the <br />expiration of the investigation period provided in paragraph 4 (in which event Escrow <br />Agent shall promptly deliver the deposit to Purchaser upon demand), Escrow Agent shall <br />8 <br />PurchaserllSeller <br />336 <br />