#30 - Purchase Agreement for Jurek Property

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7 LA515\146\976114.v4 reasonably practicable after the expiration of the Due Diligence Period and on a date to be mutually agreed upon by Sellers and Buyer (the “Closing Date”), provided, however, that the Closing Date shall occur no later than 30 days following the expiration of the Due Diligence Period. The closing shall take place at the office of the Title Company, or such other location as mutually agreed upon by the parties. 11. CLOSING COSTS AND RELATED ITEMS. Buyer shall be responsible for payment of the cost of procuring the Title Commitment (including all title search and examination fees, the cost of the title premium and any requested endorsements, recording costs related to the recording of the Deed, and the closing fee charged by the Title Company, and shall pay or reimburse Sellers at closing for the state deed tax). Seller shall be responsible for any costs associated with preparing and recording any documents required to cure any objections which Sellers elect to cure pursuant to Section 8 of this Agreement. Buyer and Sellers shall each be responsible for their own attorney’s and accountant’s fees and costs, if any. 12. POSSESSION. Sellers shall transfer possession of the Property to Buyer on the Closing Date. Sellers agree to remove from the Property any personal property owned by Sellers no later than the Closing Date. Items not removed by that date will become property of the Buyer after closing and may thereafter be disposed of by Buyer, in its sole discretion and at the Sellers’ cost. 13. BROKER COMMISSIONS. Sellers represent and warrant to Buyer that Sellers have not involved a broker in this transaction or agreed to pay commission to any broker. Buyer represents and warrants to Sellers that Buyer has not involved a broker in this transaction or agreed to pay commission to any broker. Each party agrees to indemnify, defend, and hold each other harmless for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property in accordance with this Agreement. 14. DEFAULT. If Sellers, through no fault of Buyer, default in their obligations hereunder in any manner, Buyer may, by notice upon Sellers, (i) terminate this Agreement, in which event all Earnest Money paid hereunder shall immediately be delivered to Buyer, or (ii) avail itself of an action for specific performance. If Buyer shall default in the performance of any of its obligations hereunder, then Sellers shall be entitled to terminate this Agreement and, upon such termination, Sellers shall retain all Earnest Money paid hereunder, as and for their liquidated damages and sole remedy for said breach, and not as a penalty or forfeiture, actual damages being difficult or impossible to measure, and no party hereto shall have any further claim against the other hereunder. Notwithstanding the foregoing limitations on remedies, nothing contained herein shall limit Sellers’ rights and remedies against Buyer with respect to Buyer’s obligations to indemnify, defend and hold Sellers’ harmless pursuant to this Agreement or any action by Sellers against Buyer for a breach of the terms and conditions of Section 9 of this Agreement, which rights and remedies shall survive closing or any termination of this Agreement. 15. NO MERGER OF REPRESENTATIONS, WARRANTIES. Subject to the limitations contained in this Agreement, all representations and warranties contained in this Agreement shall not be merged into any instruments or conveyance delivered at closing, and the parties shall be bound accordingly.