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this Contract; or (ii) Buyer shall have the right to terminate this Contract, in which event all rights and obligations of the parties under this Contract shall expire, and this Contract shall become null and void. The inability of Seller to convey good and marketable fee simple title to the Property on the Closing Date shall not constitute a default by Seller under this Contract unless such inability is caused by a defect in Seller's title to the Property which is not a Permitted Exception under this Contract and which arises subsequent to the expiration of the Feasibility Period, solely by reason of an affirmative act or omission of Seller. C. Buyer Default; Seller Remedies. In the event Buyer shall fail to perform or comply with any of the obligations to be performed by Buyer under the terms and provisions of this Contract due to circumstances or conditions which constitute a default by Buyer under this Contract, and Buyer fails to cure the same within fifteen (15) days after written notice thereof from Seller, then Seller, upon giving written notice to Buyer, shall be entitled to receive from Escrow Agent, and Escrow Agent shall in fact deliver to Seller, all Earnest Money then held by Escrow Agent pursuant to this Contract, as liquidated damages, and as Seller's sole and exclusive remedy, and thereupon this Contract shall be terminated; provided, however, that the foregoing liquidated damages shall not apply to any duty, obligation, liability or responsibility which Buyer may have under the indemnification provisions of Section 10 of this Contract, as to which Seller shall have all rights and remedies provided for or allowed by law or in equity. d. This Section 18 shall survive termination of the Contract. 19. Interpretation. The Section headings are inserted for convenience only and are in no way intended to interpret, define, or limit the scope or content of this Contract or any provision hereof. If any party is made up of more than one person or entity, then all such persons and entities shall be bound jointly and severally, even though the defined term for such party is used in the singular in this Contract. 20. Possession; Risk of Loss. Except as to matters covered by Buyer's indemnity in Section 10, Seller shall bear the risk of loss to the Property until the Closing. Seller shall deliver full and exclusive possession of the Property to Buyer at Closing in the same condition that the Property exists on the Effective Date of this Contract, subject to fire, weather and other natural occurrences, and any changes due to Buyer's tests and inspections conducted pursuant to Section 10. For a period of ten (10) days subsequent to Closing (the "Removal Period"), Seller shall have the right, and the obligation, to enter upon the Property to remove items of personal property at Seller's sole cost and expense. 21. Survival. All representations, warranties, covenants and agreements made by the parties hereto shall be reasserted at Closing and shall survive the consummation of the purchase and sale of the Property on the Closing Date, the delivery of the deed and the payment of the Purchase Price for a period of sixty (60) days. Seller shall, at or within sixty (60) days after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other action as Buyer may reasonably request or as may be reasonably necessary to more effectively transfer to Buyer the Property and to fulfill the obligations set forth herein. Notwithstanding anything to the contrary set forth in this Agreement, the indemnification provisions of Section 10 of this Contract shall also survive any termination of this Contract. Page 10 of 27 Attachment number 1 \n G-4 Page 141