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14 Survival. The terms, covenants, representations and warranties shall not <br /> merge in the deed of conveyance, but shall survive closing. <br /> 15. Real Estate Broker or Agent Commissions. Buyer represents to Seller <br /> that it has not engaged a broker or real estate agent in connection with the negotiations <br /> leading to this Agreement. Seller shall be responsible for payment of any broker's fee <br /> or real estate commission payable on its behalf and that if any claims should be made <br /> for commissions allegedly arising from the execution of this Agreement or any sale of <br /> the Property to Buyer by any broker or agent by reason of any acts of Seller, Seller will <br /> protect, defend, indemnify and hold Buyer harmless from and against any and all loss, <br /> liabilities and expenses in connection therewith. <br /> 16. Seller's Activities Prior to Closing. After the date hereof until the <br /> closing hereunder: <br /> 16.1 Maintenance. Seller shall operate and maintain the <br /> Property in accordance with Seller's current management practices Buyer <br /> acknowledges that Seller provides no maintenance for the existing residential structure. <br /> 16.2 No Alterations. Seller shall not alter the Property in any <br /> material manner. <br /> 16.3 Tenants. Seller shall not permit any new tenants to occupy <br /> the property. <br /> 17. Exhibits. Exhibits "A " through "E" are attached hereto and are <br /> incorporated herein as set forth. <br /> A — Legal Description <br /> B — Statutory Warranty Deed <br /> C -- INTENTIONALLY DELETED <br /> D — FIRPTA Affidavit <br /> E -- Easement <br /> 18. No Waiver. Except as herein expressly provided, no waiver by a party of <br /> any breach of this Agreement or of any warranty or representation hereunder by the <br /> other party shall be deemed to be a waiver of any other breach by such other party. <br /> 19. Governing Law. This Agreement shall be construed and enforced in <br /> accordance with the laws of the State of Washington. <br /> 20. Counterparts. This Agreement may be executed in any number of <br /> counterparts, each of which, when executed and delivered, will be deemed to be an <br /> original and all of which counterparts taken together will constitute one and the same <br /> Agreement. <br /> {Client Files114653\S574091.DOC) <br />