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13 <br /> <br />ARTICLE IX <br />Risk of Loss and Condemnation <br /> Risk of Loss and Insurance. Between the Effective Date and Closing, the risks and <br />obligations of ownership and loss of the Property belong to Seller. If any portion of the Property is damaged <br />or destroyed prior to Closing, then Seller shall promptly notify Buyer and Buyer may terminate this Contract <br />by giving notice to Seller prior to Closing, in which event the Earnest Money shall be refunded to Buyer <br />immediately upon request and all rights and obligations of Seller and Buyer under this Contract shall <br />terminate (other than those that expressly survive termination of this Contract). If Buyer does not so <br />terminate this Contract, then the Purchase Price shall be reduced by the total of any insurance proceeds <br />received by Seller prior to Closing by reason of the damage or destruction and by the amount of any <br />deductible applicable to the insurance policy, and, at Closing, Seller shall assign to Buyer all insurance <br />proceeds payable after Closing by reason of the damage or destruction. <br /> Condemnation. If all or any part of the Property is taken by eminent domain proceedings, <br />or if eminent domain proceedings are commenced or threatened, then Seller shall promptly notify Buyer, <br />and Buyer may terminate this Contract by giving notice to Seller prior to Closing, in which event the Earnest <br />Money shall be refunded to Buyer immediately upon request and all rights and obligations of Seller and <br />Buyer under this Contract shall terminate (other than those that expressly survive termination of this <br />Contract). If Buyer does not so terminate this Contract, then the Purchase Price shall be reduced by the <br />total of any awards or other proceeds received by Seller prior to Closing with respect to any taking, and, at <br />Closing, Seller shall assign to Buyer all rights of Seller in any awards payable after Closing by reason of <br />any taking. Seller shall notify Buyer of eminent domain proceedings within five days after Seller learns of <br />those proceedings. <br />ARTICLE X <br />Brokerage Commission <br /> Brokerage Commission. Seller and Buyer each represent and warrant to the other that no <br />broker or real estate agent was involved in this transaction. Seller and Buyer shall each indemnify and hold <br />harmless the other from and against any and all Losses arising out of any alleged brokerage commission, <br />fee or other compensation with respect to the Property based upon an agreement alleged to have been made <br />or other action alleged to have been taken by the indemnifying party. The obligations of the parties under <br />this Section 10.1 shall survive Closing and the termination of this Contract. <br />ARTICLE XI <br />Miscellaneous <br /> Assignment. This Contract may be assigned by Buyer or Seller, in whole or in part, and <br />provided, however, no such assignment shall relieve the assigning party of liability for the performance of <br />its obligations under this Contract. <br /> Binding Effect. This Contract is binding on and inures to the benefit of Buyer and Seller <br />and their respective successors and assigns. <br /> Further Assurances. At Closing, and from time to time thereafter, Seller shall perform <br />any additional acts, and shall execute and deliver any additional documents, as may reasonably be required <br />to vest in Buyer full title to the Property and otherwise to effectuate the purchase and sale of the Property <br />as contemplated by this Contract. <br />Docusign Envelope ID: 6FA32B3A-54E4-43D1-ADFC-0E9AD5C2D12E