07/23/2007 Council Packet (2) - Laserfiche WebLink

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24. Condemnation or Eminent Domain. In the event of any condemnation or eminent domain proceedings for any public or quasi- public purposes at any time prior to Closing resulting in the taking or proposed taking of any part or all of the Subject Property, Purchaser shall have the option (i) to cancel this Agreement, in which event the Eamest Money Deposit shall be promptly refunded to Purchaser, and upon such delivery, this Agreement shall be of no further force or effect, or (ii) to close the transaction contemplated by this Agreement, in which event the purchase price shall not be abated, provided, however, Seller shall assign to Purchaser and Purchaser shall be entitled to the entire award payable in respect to such taking. 25. Captions and Paragraph Headings. The captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. 26. Attorneys' Fees. If either Seller or Purchaser files any action or brings any proceeding against the other arising out of this Agreement, or is made a party to any action or proceeding brought by a third party arising out of this Agreement without fault of the defending party, then as between Seller and Purchaser, the prevailing party in any such action or proceeding shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. 27. Delivery of Information. Seller hereby agrees on execution of this Agreement to deliver to Purchaser copies of all information under its control relating to the Subject Property including but not limited to geotechnical reports, environmental reports, wetland reports, drawings and specifications, surveys, development records, appraisals, warranties, operating statements, and other information related to the Subject Property in Seller's possession or control • • •