I SELLER defaults, having approved said sale and fails to consummata the same as herein agreed, BUYER's Eamest Money deposit, including but not limited to any Eamest Money that has become non-refundable, shall be retumed to BUYER and SELLER shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, Brokerage fees and attorney's fees, fi any. This shall not be considered as a walver by BUYER of any other lawful right or remedy ot which BUYER may be entitled.