4.7. SR 12-19-2016 - Laserfiche WebLink

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Purchaser pursuant to this Agreement shall be cumulative and not alternative, and the exercise of one right, power, option, or remedy shall not bar any other rights, powers, options or remedies allowed hereunder or by applicable law. The rights and remedies of this Section shall survive Closing or any termination of this Agreement. b) Seller's Remedies. Upon Purchaser's default under this Agreement prior to the Closing of the first parcel of Property, then the sole and exclusive remedy available to Seller shall be to terminate this Agreement pursuant to law by written notice to Purchaser and upon such termination to receive the Earnest Money as liquidated damages. Upon Purchaser's default under this Agreement after the Closing of the first parcel of Property, then the sole and exclusive remedy available to Seller shall be to terminate this Agreement pursuant to law by written notice to Purchaser without payment of any additional liquidated damages. Upon such termination, Purchaser shall be released from all liability hereunder and neither party shall have further rights or obligations under this Agreement. Seller expressly waives its rights to seek damages in excess of the liquidated damage amount in the event of Purchaser's default. Seller has agreed to these liquidated damages because of the difficulty of ascertaining Seller's actual damages given the uncertainties of the real estate market, fluctuating property values and differences of opinion with respect to such matters. The rights and remedies of this Section shall survive Closing or any termination of this Agreement. ARTICLE 10 - MISCELLANEOUS 10.1 Successors or Assigns. This Agreement shall be binding upon and inure to the benefit of the parties, and their respective successors and assigns. 10.2 Severability. In the event any provision of this Agreement shall be held to be invalid, unenforceable or in conflict with the law of the jurisdiction, the remaining provisions of this Agreement shall continue to be valid, enforceable and not be affected by such holding. 10.3 Waiver. No term or condition of this Agreement will be deemed waived or amended unless expressed in writing. The waiver of any condition or the breach of any term will not be a waiver of any subsequent breach of the same or any other term or condition. 10.4 Assignment. Purchaser may not assign its rights under this Agreement, without prior written consent of Seller, such consent will not unreasonably withheld,provided that the Purchaser is transferring its rights to an entity owned or controlled by the Purchaser. In the event that the Seller approves an assignment by the Purchaser, in no event shall the Purchaser be released from liability hereunder. 10.5 Notices. Any notice required or permitted pursuant to this Agreement shall be in writing and delivered by (a) personal delivery, (b) reputable overnight delivery service, or (c) United States mail, postage prepaid, either certified or first class mail,. All notices shall be sent to a party at the address set forth below, or to such other address or person as the party shall have designated in writing. Notices shall be deemed given upon the earlier of the date of actual receipt or(i) as of the earlier of the date of delivery or the date of first attempted delivery if by personal delivery or overnight delivery, or (ii) as of the earlier of the date of delivery or the date the post office first leaves notice of the mailing if by certified mail. If to Purchaser: E&R Investments, LLC Attn: Gregory R. Ebert 23350 County Road 10 Purchase Agreement Page 10 of 13 469680v2 SJS EL185-36