19b - Laserfiche WebLink

CFCS shall be released from any and all obligations hereunder, and Purchaser automatically forfeits any rights of interment, vaults, or any other interest in the Pleasanton Pioneer Cemetery. Upon default, CFCS shall return all funds (excluding the 15% non-refundable down payment) to Purchaser within 30 days of the default. The non-refundable down payment shall be retained by CFCS and shall be considered liquidated damages for the default. 9. Ownership of Interment Rights — Time of Passage and Issuance of Certificate. Upon payment in full of the Purchase Price, the ownership of interment rights and possession with respect to the Rights shall pass to the Purchaser, and CFCS will thereafter issue to the Purchaser a Certificate of Ownership registered in the name of the Purchaser evidencing the Rights purchased and sold hereunder. 10. Timely Performance. If the timely performance of any obligation, the compliance with any term or condition or the delivery of any goods or services to be delivered by CFCS under this Agreement becomes impossible or impractical because of war, riot, insurrections, strikes or other labor difficulties, shortages of labor, materials or equipment, governmental regulations, adverse climatic conditions, Acts of God or any other cause beyond the control of CFCS, CFCS shall not be required to perform such obligation, comply with such term or condition or deliver such goods or services, as the case may be, during the duration of such cause, but, in the event of reasonable substitute for strict performance, compliance or delivery is required in accordance with the terms of this Agreement. 11. Standard of Care; Discretion for Burial; Waiver of Liability. The Purchaser agrees that any interment with respect to the Rights will be performed by employees or agents of CFCS. CFCS reserves the right to inter the remains of the human dead committed to it for interment respect to the Rights in such a manner as it deems, in its reasonable and good faith discretion, to be appropriate, necessary and practical in light of the circumstances, which discretion shall include, without limitation, the realignment of caskets or vaults within a grave and, moreover, the Purchaser agrees to indemnify and hold CFCS harmless from any claims or liability which may arise because of the use of such discretion. The Purchaser waives any claims against CFCS now or hereafter arising or alleged by reason of error or otherwise, provided that CFCS has exercised its discretion and performed its responsibilities under this paragraph in good faith and non-negligently. CFCS' liability hereunder shall not, in any event, exceed the Purchase Price. 12. Use of Rights. The Purchaser hereby represents and warrants to CFCS that the Interment Rights are being acquired solely for burial purposes. The Purchaser acknowledges that resale of the Rights is prohibited. 13. Miscellaneous. a. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties hereto with respect to the subject matter hereof. b. Parties of interest. This Agreement shall be binding upon and inure to the benefit of, and be enforceable by, the parties hereto and their respective successors and assigns, heirs and personal representatives. c. Assignment. The rights and obligations provided by this Agreement may be assigned by the Purchaser, provided that the Purchaser is not then in default hereunder with 6