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enforce the Seller's obligations under this paragraph. Seller's obligations <br /> under this paragraph shall survive closing. <br /> d. Postclosing Adjustments. If errors in the prorations made at closing are <br /> identified within ninety days after closing, Seller and Buyer will make <br /> postclosing adjustments to correct the errors within fifteen days of receipt <br /> of notice of the errors. <br /> e. Broker's Commissions. Buyer will not be responsible for payment of any <br /> Broker's Commissions and seller agrees to indemnify, defend and hold <br /> Buyer harmless from any loss, attorney's fees, court costs and other costs <br /> arising out of a claim by any person or entity claiming a fee or commission <br /> arising from this transaction. <br /> 3. Issuance of Title Policy. Seller will cause Title Company to issue the Title Policy <br /> to Buyer as soon as practicable after closing. <br /> L. Default and Remedies <br /> 1. Seller's Default. If Seller fails to perform any of its obligations under this contract <br /> after 15 days prior notice and opportunity to cure from Buyer, or if any of Seller's representations <br /> is not true and correct as of the Effective Date or on the Closing Date ("Seller's Default"), Buyer <br /> may elect either of the following as its sole and exclusive remedy: <br /> a. Termination: Liquidated Damages. Buyer may terminate this contract by <br /> giving notice to Seller on or before the Closing Date and Closing Time and <br /> have the Earnest Money returned to Buyer. Unless Seller's Default relates <br /> to the untruth or incorrectness of Seller's representations for reasons not <br /> reasonably within Seller's control,if Seller's Default occurs after Buyer has <br /> incurred costs to investigate the Property after the Effective Date and Buyer <br /> terminates this contract in accordance with the previous sentence, Seller <br /> will also pay to Buyer as liquidated damages the lesser of Buyer's actual <br /> out-of-pocket expenses incurred to investigate the Property after the <br /> Effective Date or the amount of Buyer's Liquidated Damages, within ten <br /> days after Seller's receipt of an invoice from Buyer stating the amount of <br /> Buyer's expenses. <br /> b. Specific Performance. Unless Seller's Default relates to the untruth or <br /> incorrectness of Seller's representations for reasons not reasonably within <br /> Seller's control, Buyer may enforce specific performance of Seller's <br /> obligations under this contract, but any such action must be initiated, if at <br /> all, within ninety days after the breach or alleged breach of this contract. If <br /> title to the Property is awarded to Buyer, the conveyance will be subject to <br /> the matters stated in the Title Commitment. <br /> 8 <br />