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if the party commencing such action or proceeding obtains substantially the relief sought by it in such action whether or not such action proceeds to a final judgment or determination. 20. Buyer's Remedies. Notwithstanding anything to the contrary contained in this Agreement, if the Closing does not occur as the result of the Seller's default of its obligation to deliver title to the Property to Buyer in the manner required hereby or Seller otherwise breaches its obligations to consummate the Closing in accordance with this Agreement, Buyer shall be entitled to pursue all available legal and equitable remedies, including without limitation recovery of the Deposit made by Buyer plus claims for additional damages attributable to such breach or default by Seller, specific performance of this Agreement, and recovery of attorneys' fees or other amounts pursuant to Paragraph 19. Seller acknowledges that the Property is unique and that monetary damages may not adequately compensate Buyer for its loss of the Property. 21. Cure Period. Notwithstanding the provisions of Paragraph 20 or any other provision of this Agreement, no default by either party hereto shall result in a termination or limitation of any rights of such party hereunder unless and until the other party shall have notified the defaulting party in writing of such default, and the defaulting party shall have failed to cure such default within ten (10) days after the receipt of such written notice. 22. Entire Agreement. This Agreement constitutes the entire agreement of the parties relating to the subject matter hereof and no representation, inducement, promise, or agreement, oral or written, between the parties not embodied in this Agreement, will be of any effect. This Agreement supersedes and cancels any and all prior or contemporaneous negotiations, arrangements, representations and understanding, oral or written, if any, between the parties, relating to the subject matter of this Agreement. 23. Risk of Loss. Until the Closing, Seller shall assume all risk of loss with respect to the Real Property. If after the Effective Date and prior to the Closing all or any part of the Real Property is destroyed by fire, earthquake or other casualty, Buyer shall within ten (10) business days after receipt of written notice from Seller of such casualty (but in all events at least one (1) day before the Closing Date) irrevocably elect either (a) to terminate this Agreement or (b) to keep this Agreement in effect, in which event if the Closing occurs Seller shall pay or assign to Buyer all insurance proceeds paid or payable to Seller (to the extent not previously expended in an effort to restore the Real Property) as a consequence of such casualty, and the Purchase Price shall be reduced by the amount of any deductible or other uninsured loss, provided if the amount of any such reduction exceeds One Hundred Thousand Dollars ($100,000.00), Seller may terminate this Agreement unless Buyer agrees that the reduction shall be limited to One Hundred Thousand Dollars ($100,000.00). If Buyer fails to timely elect either the option in clause (a) or in clause (b) above, then Buyer shall be deemed to have irrevocably elected the option in clause (b) above. If this Agreement is terminated pursuant to this paragraph, then (i) the Deposit and interest earned thereon while in Escrow shall be returned to Buyer, and (ii) neither party shall have any further rights, duties, obligations or liabilities, at law or in equity, arising out of or relating to this Agreement except for those that specifically survive termination of this Agreement pursuant to other paragraphs hereof. Notwithstanding the above, if the damage to the Real Property does not exceed Five Hundred Thousand Dollars ($500,000), then Buyer shall not Purchase and Sale Agreement 1548 Maple 03.04. 2011 v.4 20