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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) To proceed to closing without waiver or merger in the <br />deed of the objections to title and may undertake <br />proceedings to correct the objections to title; <br />(2) Rescission of this Agreement by notice as provided <br />herein, in which case the Agreement shall be null and <br />void and all earnest money paid hereunder shall be <br />refunded to Buyer. <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 to, as permitted by law: <br />(1) Cancel this Agreement as provided by statute and retain <br />all payments made hereunder as liquidated damages. The <br />parties acknowledge their intention that any note given <br />pursuant to this Agreement is a down payment note, and <br />may be presented for payment notwithstanding <br />cancellation; <br />• <br />(2) Seek specific performance within six months after such <br />right of action arises, including costs and reasonable <br />attorney's fees, as permitted by law. <br />E. If title is marketable, or is made marketable as provided herein, <br />and Seller defaults in any of the agreements herein, Buyer may, <br />as permitted by law: <br />(1) Seek damages from Seller including costs and reasonable <br />attorney's fees; <br />(2) Seek specific performance within six months after such <br />right of action arises. <br />3 <br />• <br />