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<br />Seller may consummate the sale and purchase of the Property as part of a so-called like-kind <br />exchange (the "Exchange") pursuant to S 1031 of the Internal Revenue code of 1986, as <br />amended, provided that: <br /> <br />1. all costs, fees, and expenses related to the Exchange will be the sole responsibility of <br />Seller; <br /> <br />2. the closing will not be delayed or affected by reason of the Exchange, nor will the <br />consummation or accomplishment of the Exchange be a condition precedent or <br />condition subsequent to Buyer's obligations and covenants under this contract; <br /> <br />3. Buyer will not be required to acquire or hold title to any real property for the purpose <br />of consummating the Exchange; <br /> <br />4. Seller agrees to defend, indemnify and hold Buyer harmless from any liability, <br />damages, or costs, including reasonable attorney's fees that may result from Buyer's <br />acquiescence in the Exchange; <br /> <br />S. Buyer or Seller will not, by this contract or acquiescence in the Exchange, have its <br />rights under the contract, including those that survive closing, affected or diminished in <br />any manner; <br /> <br />6. Buyer agrees that no employee, trustee, officer, agent or attorney of Buyer has made gr <br />may be relied upon as making any representation or to have rendered any advice <br />concerning this transaction and Buyer will not be responsible for compliance with or be <br />deemed to have warranted to Buyer that the Exchange in fact complies with S 1031 of <br />the Internal Revenue code of 1986, as amended. <br /> <br /> <br />~7 <br /> <br />~ <br /> <br />~- <br />