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insurance payable to Seller by reason of such damage or destruction shall be paid to Buyer. 18. BROKERAGE COMMISSION. Buyer and Seller represent and warrant to each other that no broker's commission or finder's fee is payable with regard to this transaction. In the event that any broker, agent, or finder perfects a claim for a commission or a finder's fee based upon any contract, dealings, or communication with either party hereto, the party through which the broker or finder makes its claim shall be responsible for said commission or fee, and shall indemnify and hold harmless as to all claims, liabilities, costs, and expenses (including, without limitation, attorneysl fees and court costs) suffered or incurred by the other party in defending against same. This indemnity shall survive the close of escrow and recordation of the Grant Deed. 19. LIQUIDATED DAMAGES. (a) Buver's Default. IN THE EVENT THAT THE ESCROW AND THIS TRANSACTION FAIL TO CLOSE SOLELY AS A RESULT OF THE DEFAULT OF BUYER IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, BUYER AND SELLER AGREE THAT SELLER'S ACTUAL DAMAGES WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX. THE PARTIES THEREFORE AGREE THAT IN THE EVENT THAT ESCROW AND THIS TRANSACTION FAIL TO CLOSE SOLELY AS A RESULT OF THE DEFAULT OF BUYER IN THE PERFORMANCE OF ITS OBLIGATIONS HEREUNDER, AND SELLER IS READY, WILLING AND ABLE TO PERFORM ITS OBLIGATIONS HEREUNDER, SELLER, AS SELLER'S SOLE AND EXCLUSIVE REMEDY, IS ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF $72,300.00 (WITHOUT LIMITING EITHER PARTY'S RIGHTS TO RECOVERY OF ATTORNEYS FEES AND COSTS PURSUANT TO PARAGRAPH 22 HEREOF). IN THE EVENT THAT BUYER SUBSEQUENTLY REQUESTS ANY MODIFICATION OF THIS AGREEMENT WHICH IS GRANTED BY SELLER SUBJECT TO RECEIPT OF AN ADDITIONAL DEPOSIT(S), BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT THE AMOUNT OF SUCH ADDITIONAL DEPOSIT(S) IS REASONABLY INTENDED TO COMPENSATE SELLER IN THE EVENT OF A BREACH OF THIS AGREEMENT UNDER SUCH MODIFIED TERMS AND THEREFORE SUCH ADDITIONAL DEPOSIT(S) SHALL LIKEWISE BE TREATED AS LIQUIDATED DAMAGES IN THE EVENT OF BUYER'S BREACH. IN THE EVENT ESCROW FAILS TO CLOSE SOLELY AS A RESULT OF BUYER'S DEFAULT AND SELLER IS READY, WILLING AND ABLE TO PERFORM THEIR OBLIGATIONS HEREUNDER THEN (A) THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF BUYER AND SELLER HEREUNDER AND THE ESCROW CREATED HEREBY SHALL TERMINATE, AND (B) ESCROW AGENT SHALL, AND IS HEREBY AUTHORIZED AND INSTRUCTED TO, RETURN PROMPTLY TO BUYER AND SELLER ALL DOCUMENTS AND INSTRUMENTS TO THE PARTIES WHO DEPOSITED THE SAME. THE PAYMENT OF SUCH AMOUNT PROVIDED HEREIN AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY Page 11 of 16 C:\Oocuments and Settlngs\Oell Optiplex GX520\My DOCl.lments\Purcha8eAQmt7.6.09redline\PurchaseAgmt.doc