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<br /> -8- <br /> cash fee of 5% of the total Sales Price, which Escrow Agent shall <br /> pay from the sale proceeds. <br /> 12. CASUALTY LOSS. If, prior to closing, any part of the <br /> Property is damaged or destroyed by fire or other casualty loss, <br /> Seller shall restore the same to its previous condition as soon as <br /> reasonably possible, but in any event by Closing Date; and if <br /> Seller is unable to do so without fault, this contract shall <br /> terminate and the Earnest Money shall be refunded with no Broker's <br /> fee due. <br /> 13. DEFAULT. If Buyer fails to comply herewith, Seller may <br /> terminate this contract and receive the Earnest Money as <br /> liquidated damages, one-half of which (but not exceeding the <br /> Broker's fee recited in Section 11) shall be paid by Seller to <br /> Broker in full payment for Broker's services. If Seller is unable <br /> without fault to deliver the Title Policy required herein within <br /> the time herein specified, Buyer may either terminate this <br /> contract and receive the Earnest Money as the sale remedy, and no <br /> Broker's fee shall be earned, or extend the time up to 60 days. <br /> If Seller fails to comply herewith for any other reason, Buyer may <br /> ( i) terminate this contract and receive the Earnest MoneYI thereby <br /> releasing Seller from this contract (ii) enforce specific <br /> performance hereof and/or (iii) seek such other relief as may be <br /> provided by law. <br /> 14. CONDEMNATION. If any part of the Property is condemned <br /> prior to Closing Date, Seller shall promptly give Buyer written <br /> notice of such condemnation and Buyer shall have the option of <br /> either applying the proceeds on a pro rata basis of any <br />