Contract shall remain in full force and effect and Seller shall proceed to reconstruct, repair and complete the Home as soon as reasonably possible and the Closing Date shall be delayed accordingly provided repairs shall not extend the Closing Date more than sixty (60) days. If Closing is extended more than sixty (60) days, Buyer may terminate this Contract and all Earnest Money and monies paid directly to Seller shall be returned to Buyer, except as otherwise provided in this Contract, and this Contract shall be null and void. Notwithstanding the foregoing, if the damage or destruction is due to any act or omission of Buyer or Buyer's other contractors, Buyer shall have no right to terminate this Contract, but Seller shall have the right to terminate this Contract, in which event Seller shall also be entitled to retain the Earnest Money and all deposits previously paid to Seller.
27.. Seller agrees to leave on any utilities which have been turned on until the Closing Date, unless otherwise specifically stated in this Contract, and Buyer shall assume responsibility for all such utilities following the Closing Date.
28.. Upon acceptance of this Contract, unless otherwise agreed, the Earnest Money shall be deposited within five (5) business days of the Effective Date, in an insured escrow account maintained by Listing Broker or Escrow Agent. Any additional deposits shall be deposited within five (5) business days of receipt by Listing Broker or Escrow Agent. Buyer and Seller agree that the party entitled to receive the Earnest Money shall also be entitled to any interest earned thereon. If this Contract is canceled by the parties or if the Earnest Money is to be forfeited or refunded, the parties agree that the amount to be distributed shall first be reduced by any unpaid charges for credit reports, appraisals, surveys, termite, mechanical and other inspections, and title investigation fees, if any, incurred by Listing Broker or Escrow Agent on behalf of the party receiving the Earnest Money. Notwithstanding any other terms of this Contract providing for the forfeiture or refund of Earnest Money, the parties understand that neither the Listing Broker nor the Escrow Agent will distribute the Earnest Money without the written consent of all parties to this Contract unless permitted to do so by applicable state laws. If Buyer and Seller are unable to agree in writing upon the disposition of the Earnest Money or any other funds, Listing Broker or Escrow Agent may commence an interpleader or similar proceeding, and Buyer and Seller authorize Listing Broker or Escrow Agent to pay all funds to the Clerk of the District Court (in the county where the Premises is located) for disposition as the Court may direct. Buyer and Seller agree that Listing Broker or Escrow Agent shall be entitled to reimbursement of its costs incurred in connection with the interpleader or similar proceeding including without limitation, reasonable attorneys' fees and expenses. Buyer and Seller agree that, in the absence of a dispute or written consent to distribution, the failure by either to respond in writing to a certified letter from Listing Broker or Escrow Agent within seven (7) days of receipt thereof, or failure to make written demand for return or forfeiture of the Earnest Money within thirty (30) days of notice of cancellation of this Contract, shall constitute consent to distribution of the Earnest Money as suggested in such certified letter. Buyer acknowledges and agrees that Broker will retain in its trust account that portion of the Earnest Money deposit which may be payable to Broker upon the Closing of this transaction. Any Earnest Money in excess of the amounts due to Broker will be forwarded by Broker to the Closing agent prior to Closing. The time periods described in this paragraph may be extended by mutual consent signed by all of the parties hereto, or as may be required by applicable state law.
29.. Buyer acknowledges that Broker shall have no responsibility or liability to Buyer for any funds or deposits made by Buyer to anyone other than Broker, including, without limitation, any payments made directly to Seller.
30.. It is acknowledged that Broker and any Escrow Agent, are acting agents only and are not responsible to either party for the performance of any term or condition of this Contract or for damages for non-performance thereof. Buyer acknowledges that the display homes, including, without limitation, the furnishings, appliances, finish, landscaping and other items therein are for display purposes only and are not included in this Contract, unless expressly provided to the contrary. The developer of the subdivision in which the Premises is located is not a party to this Contract and shall not be responsible or liable for the performance or non-performance hereof. The rule of law that a document is to be construed against the drafting party shall have no application to the interpretation of this Contract, and the language in all parts of this Contract shall be construed in accordance with its fair meaning and not strictly for or against any of the parties hereto.
31.. This Contract may not be assigned by either Seller or Buyer without the prior written consent of the other. Whenever this Contract requires the consent of the other party hereto, such other party agrees not to unreasonably withhold or delay such consent, except with regard to Buyer's assignment of this Contract, which shall be in Seller's sole discretion. If Buyer consists of more than one person (i) each Buyer shall have the authority to act for and bind all Buyers with respect to any additions, amendments, substitutions, revisions and change orders, and (ii) the duties, liabilities and obligations of Buyer hereunder shall be joint and several with each Buyer undertaking full responsibility for compliance with the terms and provisions of this Contract. Wherever used, singular shall include the plural, plural the singular, and use of any gender shall include all genders. This Contract shall be binding on and inure to the benefit of the parties hereto, and their respective heirs, legal representatives, successors and permitted assigns. This Contract shall be constructed, governed and enforced pursuant