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To City: <br />• Satyendra Huja <br />Strategic Development Dept. <br />P.O. Box 911 <br />Charlottesville, VA 22902 <br />with a copy to: <br />W. Clyde Gouldman, II <br />City Attorney <br />P.O. Box 911 <br />Charlottesville, VA 22902 <br />To Buyer: <br />Frank Stoner <br />Belmont Commons, L.L.C. <br />114 Whitewood Road <br />Charlottesville, VA 22901 <br />with a copy to: <br />Robert J. Kroner <br />Scott & Kroner, P.C. <br />P.O. Box 2737 <br />Charlottesville, VA 22902 <br />10.2 The terms, provisions, representations, warranties, covenants, and undertakings <br />set forth in this Agreement shall survive the closing of the transaction contemplated hereby. This <br />Agreement is binding upon and shall inure to the benefit of the parties hereto and their respective <br />successors, assigns, and nominees. <br />10.3 The Buyer shall be solely responsible for any real estate commission due in <br />this transaction. City represents that no real estate agents or brokers have been involved in this <br />transaction and that the Property is not the subject of any current and enforceable listing agreement. <br />• 10.4 If any provision of this Agreement, or the application of this Agreement in any <br />circumstance, is deemed to be unenforceable, the remainder of this Agreement shall not be affected <br />thereby and shall remain enforceable. <br />Virginia. <br />10.5 This Agreement shall be governed by the laws of the Commonwealth of <br />10.6 This Agreement contains the entire agreement between the parties with respect <br />to the subject matter hereof and supersedes all pnor and contemporaneous agreements ano <br />understandings, oral or written, with respect to such transaction. Unless otherwise provided in this <br />Agreement, no change to this Agreement shall be effective unless in writing signed by the party <br />against whom any waiver, amendment, or discharge may be sought. <br />10.7 Wherever in this Agreement it is provided that this Agreement shall be <br />terminated and each party shall be relieved of and from all further liabilities under this Agreement <br />(exclusive of an event of default), and the earnest money deposit shall be paid to Buyer. <br />Section 11. Other Provisions. <br />11.1 Buyer's obligations under this Agreement are contingent upon receiving final <br />site plan approval from the City of Charlottesville for construction of the residential housing <br />0 <br />Page 7 of 8 <br />