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. 1. Proceed to closing without waiver or merger in the deed of the <br /> objections to title and without waiver of any remedies, and may: <br /> (a) seek damages, costs and reasonable attorney's fees from Seller as <br /> permitted by law; or <br /> (b) undertake proceedings to correct the objections to title. <br /> 2. Rescind this Purchase Agreement by notice as provided herein, in <br /> which case the Purchase Agreement shall be null and void and all <br /> earnest money paid hereunder shall be refunded to Buyers; <br /> 3. Seek damages from Seller. <br /> D. If title is marketable, or is made marketable as provided herein, and Buyer <br /> defaults in any of the agreements herein, Seller may, as its sole remedy, <br /> cancel this contract as provided by statute and retain all payments made <br /> hereunder as liquidated damages. <br /> E. If title is marketable, or is made marketable as provided herein, and Seller <br /> defaults in any of the agreements herein, Buyers may, as permitted by law: <br /> 1. Seek damages from Seller including costs and reasonable attorney's <br /> . fees; <br /> 2. Seek specific performance within six months after such right of action <br /> arises. <br /> 10. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. <br /> 11. CONTINGENCIES. -This Agreement and Buyer's obligations hereunder are <br /> contingent upon Buyer receiving all necessary approvals for the purchase of the Property <br /> following all required administrative notices and hearings. If any required approval is <br /> not received by Buyer, this Agreement shall be null and void, neither party shall have any <br /> further liability hereunder and all earnest money,shall be returned to Buyer. <br /> 12. SELLER'S WARPLANTIES AND REPRESENTATIONS. Seller warrants that(i) <br /> there is a right of access to the real property from a public right of way, (ii) there has <br /> been no labor or material furnished to the property for which payment has not been <br /> made, (iii) there are no present violations of any restrictions relating to the use or <br /> improvement of the property, and (iv) Seller knows of no hazardous substances or <br /> petroleum.products having been placed, stored, or released from or on the property by <br /> any person in violation of any law, nor of any underground storage tanks having been <br /> located on the property at any time, except as follows: <br /> -3- <br />