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SOLAR Water Right as defined in Paragraph 4.6. <br />10. 1.4 Prorations at Closing: There shall be no pro -ration at closing for taxes and/or <br />assessments. <br />10.1.5 Obligations of Purchaser and Seller at Closing: Purchaser and Seller shall <br />deposit with the Closing Agent all instruments, documents, and monies necessary to transfer the <br />SOLAR Water Right from Seller to Purchaser and close the sale in accordance with this Agreement. <br />10.1.6 Payment of Closing Costs: <br />10.1.7 Costs to be divided Equally: Escrow fees, if any, the closing fee charged by <br />the closing agent, document preparation fees, and Contract Collection fees, if any, including set up <br />and annual fees shall be divided equally between Seller and Purchaser. <br />10.1.8 Costs to be paid by Seller: Seller shall pay, title insurance, attorney's fees <br />incurred by Seller, if any, and other charges normally borne by a seller. <br />10.1.9 Costs to be Paid by Purchaser: Purchaser shall pay all real estate transfer <br />taxes, Purchaser's attorney fees, if any, and those costs or expenses normally allocated to a purchaser <br />in a real estate transaction. <br />11. Date of Closing. For purposes of this Agreement "date of closing" or "closing" shall <br />be construed as the date upon which all appropriate documents are recorded and proceeds of this sale <br />are available for disbursement to Seller. Funds held in reserve accounts pursuant to escrow <br />instructions shall be deemed, for purposes of this definition, as available for disbursement to Seller. <br />12. Default. If the Seller defaults (that is fails to perform the acts required of it) in its <br />contractual performance herein, the Purchaser may seek specific performance pursuant to the terms <br />of this Agreement, damages or rescission. If the Purchaser seeks damages or rescission, the earnest <br />money, upon demand, shall be refunded. If the non -defaulting party seeking damages or rescission <br />is Seller, the earnest money, upon demand, shall be forfeited and paid to Purchaser. In the event the <br />Purchaser fails, without legal excuse, to complete the purchase of the SOLAR Water Right, the <br />earnest money deposit made by the Purchaser shall be forfeited to the Seller as the sole and exclusive <br />remedy available to the Seller for such failure. <br />13. Execution of All Documents. Seller and Purchaser, individually and severally, <br />hereby acknowledge that the execution of all documents associated with this transaction will <br />substantially affect their legal rights and that each has the opportunity to obtain and consult with <br />independent legal counsel for the purposes of this transaction and matters relating thereto. <br />Page 6 <br />Seller: <br />Purchaser: <br />