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made marketable, Buyer may declare this Agreement null and <br />void by notice to Seller, neither party shall be liable for damages <br />hereunder to the other, and earnest money shall be refunded to <br />Buyer. <br />C. If Seller does not give notice of intention to make title <br />marketable, or if notice is given but the 120 day period expires <br />without title being made marketable due to Seller's failure to <br />proceed in good faith, Buyer may seek, as permitted by law, <br />any one or more of the following: <br />(1) Proceed to closing without waiver or merger in the deed <br />of the objections to title and without waiver of any <br />remedies, and may: (a) Seek damages, costs, and <br />reasonable attorney's fees from Seller as permitted by <br />law (damages under this subparagraph (a) shall be limited <br />to the cost of curing objections to title, and consequential <br />damages are excluded); or, (b) Undertake proceedings to <br />correct the objections to title; <br />(2) Rescission of this Purchase Agreement by notice as <br />provided herein, in which case the Purchase Agreement <br />shall be null and void and all earnest money paid <br />hereunder shall be refunded to Buyer; <br />(3) Damages from Seller including costs and reasonable <br />attorney's fees, as permitted by law; <br />(4) Specific performance within six months after such right <br />of action arises. <br />D. If title is marketable, or is made marketable as provided herein, <br />and Buyer defaults in any of the agreements herein, Seller may <br />elect either of the following options, as permitted by law: <br />(1) Cancel this contract as provided by statute and retain all <br />payments made hereunder as liquidated damages. The <br />parties acknowledge their intention that any note given <br />pursuant to this contract is a down payment note, and <br />may be presented for payment notwithstanding <br />cancellation; <br />• <br />