Real Estate Purchase Contract (Page 4 of 4) in pdf

orally, but only by an agreement in writing. No waiver shall be effective hereunder unless given in writing,

and waiver shall not be inferred from any conduct of either party.

(c)

All notices required or permitted to be given pursuant to the terms hereof shall be in writing

and shall be delivered either by hand delivery, by overnight delivery service, or by deposit in the United

States mail, registered or certified mail, postage prepaid. All such notices shall be addressed to the applicable

party at its address set forth on the signature page hereof. The foregoing addresses may be changed by

written notice to the other party as provided herein. Notices shall be deemed received upon delivery if

delivered by hand or by overnight delivery service or by facsimile transmission, or three (3) days after being

sent by registered or certified mail (unless a signed receipt evidences earlier delivery).

(d)

In construing this Contract, all headings and titles are for the convenience of the parties only

and shall not be considered a part of this Contract. Whenever required by the context, the singular shall

include the plural and the masculine shall include the feminine and vice versa. All exhibits attached hereto

are incorporated in this Contract by reference thereto.

(e)

Time is of the essence of every provision herein contained. Whenever the date or deadline

for any action to be taken is not a business day, the relevant date or deadline shall be the next business day.

(f)

This Contract shall be governed by the laws of the State of Ohio.

(g)

Each party represents to the other that no broker or finder has been engaged who may claim

a fee or commission in connection with the transaction contemplated hereby, except _______________.

Each party shall indemnify, defend and hold the other party harmless from and against any loss, cost or

expense, including, but not limited to, attorneys fees and court costs, resulting from any claim for a fee or

commission by any other broker or finder in connection with the Property or this Contract as a result of the

acts or omissions of such party.

(h)

If any provision of this Contract is held to be illegal, invalid, or unenforceable under present

or future laws, such provisions shall be fully severable; this Contract shall be construed and enforced as if

such illegal, invalid or unenforceable provision had never comprised a part of this Contract; and the

remaining provisions of this Contract shall remain in full force and shall not be affected by the illegal, invalid

or unenforceable provision or by its severance from this Contract. In lieu of such illegal, invalid, or

unenforceable provision, there shall be added automatically as a part of this Contract a provision similar in

terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid, or

enforceable.

IN WITNESS WHEREOF

the parties hereto have caused this Real Estate Purchase Contract to be

executed by their respective duly authorized representatives as of the date set forth below

SELLER:

BUYER:

By:

Name:

Title:

Date:

Seller’s Address:

Buyer’s Address:

Facsimile #:

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Real Estate Purchase Contract Page 4

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