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Agreement and because the difficulty, inconvenience and uncertainty of ascertaining <br />actual damages, and no other damages, rights or remedies shall in any case be <br />collectible, enforceable or available to Sellers other than as provided in this paragraph. <br />(C) Sellers 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. Sellers 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 />Sellers: 'None <br />Purchaser: None <br />Sellers stall and Purchaser, shall to the extent permitted by applicable law, indemnify <br />and hold harmless each other from any and all such claims under this paragraph, whether <br />disclosed or undisclosed. However, Sellers 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 />not disburse the deposit in accordance with the Demand until the demanding party <br />delivers to Escrow Agent evidence (e.g., returned receipt from U.S. Postal Service) of the <br />other party's receipt of the Demand and Escrow Agent has not received written objection <br />to such demand within the five (5) business days following said Party's receipt of the copy <br />of such Demand. If any dispute or difference arises between Purchaser and Sellers or if <br />any conflicting demands shall be timely made upon Escrow Agent or if the Escrow Agent <br />is in doubt as to its duties or liabilities under the provisions of this Agreement, it may, in <br />8 <br />Purchaser Sellers <br />354 <br />