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shall have the right to recover from Seller its actual expenses (including legal fees) incurred in <br />securing Seller's performance. <br />8. Section 7.3. The last sentence of Section 7.3 of the Agreement is hereby deleted and <br />replaced with the following: <br />In the event Buyer terminates this Agreement pursuant to this Section 7.3, Buyer shall retain and <br />be immediately refunded the Deposit, as increased by the Extension Deposits. <br />9. Ratification of Remainnig Provisions of Agreement. <br />Except as expressly amended by this Second Amendment, the terms and provisions of the <br />Agreement, as amended by the First Amendment, are hereby ratified, reinstated and confirmed, <br />and shall continue in full force and effect. <br />I 0. Counterparts; Facsimile and Email Transmission. <br />This Second Amendment may be executed in one or more counterparts, including <br />counterparts transitted and received by facsimile or email transmission, each of which shall be <br />deemed an original, and all of which taken together shall constitute one instrument. <br />3