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23 <br />liability of Buyer to Seller under the indemnities provided for in this Agreement will not <br />be limited by this liquidated damages provision. <br />If Seller defaults under this Agreement, and fails to cure such default within thirty (30) <br />days after receipt of written notice from Buyer (or such reasonably longer period of time <br />if such default is incapable of cure within such thirty -day period), Buyer shall, as its sole <br />and exclusive remedy, be entitled to terminate this Agreement and recover all Earnest <br />Money or seek specific performance of this Agreement by commencing suit thereof <br />within three (3) months after the date of Seller's default. <br />22. Governmental Official. Seller hereby acknowledges that Buyer is obtaining bond <br />financing and other financing arrangements with the City relating to the purchase of this <br />Property and Seller (and each individual owner of Seller or Seller's parent organization) <br />represents and warrants that he, she or it will not accept any appointment to a City <br />position (employment, committee, council or otherwise) that could interfere and <br />adversely affect Buyer's financing arrangements with the City. <br />23. Access. Buyer acknowledges and agrees that commercially reasonable, legal pedestrian <br />and vehicular access to a publicly dedicated road need not be direct access, and that <br />Apache Lane and 38°i Avenue Northeast are private roads. <br />24. Signatures in Counterparts and By Facsimile. The undersigned agree that this Agreement <br />may be signed in any number of counterparts, each of which will constitute an original, <br />and that a facsimile copy of any signature of any party will be deemed as enforceable and <br />effective as an original signature. All such counterparts together will constitute one and <br />the same instrument. <br />25. Possession; Risk of Loss. Seller shall deliver to Buyer possession of the Property on the <br />Closing Date, subject only to the Permitted Encumbrances. All risk of loss or damage <br />with respect to the Property shall pass from Seller to Buyer on the Closing Date. <br />-15- <br />