ORDER
TO MAKE A PROPERTY ACCESSIBLE TO DISABLED PERSONS AND PROVIDE AUXILIARY AIDS AND
SERVICES FOR HEARING, VISION OR SPEECH IMPAIRED PERSONS.
SELLER MAKE NO
WARRANTY, REPRESENTATION OR GUARANTEE OF ANY TYPE OR KIND WITH RESPECT TO THE
PROPERTY'S COMPLIANCE WITH THE ADA OR THE FHA (OR ANY SIMILAR STATE OR LOCAL
LAW), AND SELLER EXPRESSLY DISCLAIM ANY SUCH REPRESENTATION.
13.23
NO RECORDING.
PURCHASER SHALL NOT CAUSE OR ALLOW THIS CONTRACT OR
ANY CONTRACT OR OTHER DOCUMENT RELATED HERETO (EXCEPT WITH RESPECT TO A SPECIFIC
PERFORMANCE ACTION, AS SET FORTH IN SECTION 10.2 ABOVE), NOR ANY MEMORANDUM OR
OTHER EVIDENCE HEREOF, TO BE RECORDED OR BECOME A PUBLIC RECORD WITHOUT THE
PRIOR WRITTEN CONSENT OF SELLER'S REPRESENTATIVE, WHICH CONSENT MAY BE WITHHELD
IN THE SOLE DISCRETION OF SELLER'S REPRESENTATIVE.
IF THE PURCHASER RECORDS
THIS CONTRACT OR ANY OTHER MEMORANDUM OR EVIDENCE THEREOF, PURCHASER SHALL BE IN
DEFAULT OF ITS OBLIGATIONS UNDER THIS CONTRACT.
PURCHASER HEREBY APPOINTS THE
SELLER'S REPRESENTATIVE AS PURCHASER'S ATTORNEY-IN-FACT TO PREPARE AND RECORD
ANY DOCUMENTS NECESSARY TO EFFECT THE NULLIFICATION AND RELEASE OF THE CONTRACT
OR OTHER MEMORANDUM OR EVIDENCE THEREOF FROM THE PUBLIC RECORDS.
THIS
APPOINTMENT SHALL BE COUPLED WITH AN INTEREST AND IRREVOCABLE.
13.24
RELATIONSHIP OF PARTIES.
PURCHASER AND SELLER ACKNOWLEDGE AND AGREE
THAT THE RELATIONSHIP ESTABLISHED BETWEEN THE PARTIES PURSUANT TO THIS CONTRACT
IS ONLY THAT OF A SELLER AND A PURCHASER OF PROPERTY.
NEITHER PURCHASER NOR
SELLER IS, NOR SHALL EITHER HOLD ITSELF OUT TO BE, THE AGENT, EMPLOYEE, JOINT
VENTURER OR PARTNER OF THE OTHER PARTY.
13.25
DISPUTE RESOLUTION.
ANY CONTROVERSY, DISPUTE, OR CLAIM OF ANY NATURE
ARISING OUT OF, IN CONNECTION WITH, OR IN RELATION TO THE INTERPRETATION,
PERFORMANCE, ENFORCEMENT OR BREACH OF THIS CONTRACT (AND ANY CLOSING DOCUMENT
EXECUTED IN CONNECTION HEREWITH), INCLUDING ANY CLAIM BASED ON CONTRACT, TORT OR
STATUTE, SHALL BE RESOLVED AT THE WRITTEN REQUEST OF ANY PARTY TO THIS CONTRACT
BY BINDING ARBITRATION.
THE ARBITRATION SHALL BE ADMINISTERED IN ACCORDANCE
WITH THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION
ASSOCIATION.
ANY MATTER TO BE SETTLED BY ARBITRATION SHALL BE SUBMITTED TO THE
AMERICAN ARBITRATION ASSOCIATION IN THE STATE OF FLORIDA.
THE PARTIES SHALL
ATTEMPT TO DESIGNATE ONE ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION.
IF THEY ARE UNABLE TO DO SO WITHIN 30 DAYS AFTER WRITTEN DEMAND THEREFOR, THEN
THE AMERICAN ARBITRATION ASSOCIATION SHALL DESIGNATE AN ARBITRATOR.
THE
ARBITRATION SHALL BE FINAL AND BINDING, AND ENFORCEABLE IN ANY COURT OF
COMPETENT JURISDICTION.
THE ARBITRATOR SHALL AWARD ATTORNEYS' FEES (INCLUDING
THOSE OF IN-HOUSE COUNSEL) AND COSTS TO THE PREVAILING PARTY AND CHARGE THE COST
OF ARBITRATION TO THE PARTY WHICH IS NOT THE PREVAILING PARTY.
NOTWITHSTANDING
ANYTHING HEREIN TO THE CONTRARY, THIS SECTION 13.25 SHALL NOT PREVENT PURCHASER
OR SELLER FROM SEEKING AND OBTAINING EQUITABLE RELIEF ON A TEMPORARY OR
PERMANENT BASIS, INCLUDING, WITHOUT LIMITATION, A TEMPORARY RESTRAINING ORDER, A
PRELIMINARY OR PERMANENT INJUNCTION OR SIMILAR EQUITABLE RELIEF, FROM A COURT OF
COMPETENT JURISDICTION LOCATED IN THE STATE OF FLORIDA (TO WHICH ALL PARTIES
HERETO CONSENT