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ARTICLE IX <br />CONDEMNATION <br />If, prior to the Closing Date, eminent domain proceedings are commenced against all or <br />any part of the Property, Seller shall immediately give notice to Buyer of such fact and at Buyer's <br />option (to be exercised within thirty (30) days after receipt of Seller's notice), this Agreement <br />shall terminate, in which event neither party will have further obligations under this Agreement. <br />If Buyer shall fail to give such notice of termination within such time, then there shall be no <br />reduction in the Purchase Price and Seller shall assign to Buyer at the Closing Date all of Seller's <br />right, title and interest in and to any award made or to be made in the condemnation proceedings <br />in connection with the Property. <br />ARTICLE X <br />BROKER'S COMM_ <br />Each party hereto warrants that it has not incurred any real estate brokerage fees, finder's <br />fees, loan brokerage fees, or any other fees to any third party in connection with this purchase <br />and sale. <br />ARTICLE XI <br />MUTUAL INDEMNIFICATION <br />Seller and Buyer agree to indemnify each other against, and hold each other harmless <br />from, all liabilities, claims, losses, damages, costs and expenses (including reasonable attorneys' <br />fees in defending against claims) arising out of activities or agreements in regard to the Property <br />whether before or after the Closing Date. Such right to indemnification will not arise to the <br />extent that the claim for indemnification arises out of the act or neglect of the party seeking <br />indemnification. This Article shall survive the Closing or the termination of this Agreement. <br />ARTICLE XII <br />ASSIGNMENT <br />Neither party may assign, or sell for profit or otherwise, its rights under this Agreement <br />with the prior written consent of the other party before or after the Closing Date. <br />ARTICLE XIII <br />NOTICES <br />All notices, demands, consents, requests, or other communications provided for or <br />permitted to be given pursuant to this Agreement shall be in writing and shall be sent to the <br />address set forth below for the receiving party by any of the following means: (i) personal <br />service; (ii) courier; or (iii) if being delivered or sent to an address that is within the same <br />country from which the notice is being sent, by certified (or equivalent) or registered mail, <br />postage prepaid, return receipt requested. <br />Page 12 <br />Version Date: 12/8/05 <br />5:\PARK & REC\I2 14 OS Packet\ParoM1ase Ayreemeat v12072005.doc <br />