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9 Closing, this Agreement, upon notice from Buyer to Seller, will cease and terminate, the Earnest Money shall be refunded to Buyer, and neither party shall thereafter have any rights against or obligations to the other hereunder, except as expressly provided otherwise herein. 14. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Property, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty (30) days after Seller's notice), this Agreement shall terminate, in which event the Earnest Money shall be refunded to Buyer and neither party will have further obligations under this Agreement, except as expressly provided otherwise herein. If Buyer shall fail to give such notice then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date of all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent. 15. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, except as follows: Seller has engaged Pete DuFour and Andy Heieie of Colliers International and David Buyse and Rory Johnson of Corporate Tenant Advisors; Seller shall be solely responsible for paying all amounts that may be owed to the foregoing. Seller and Buyer agree to indemnify each other, and to hold each other harmless against all claims, damages, costs or expenses of or for any fees or commissions due to any other brokers resulting from their actions or agreements, regarding the execution or performance of this Agreement. The foregoing indemnification shall survive Closing or if no Closing occurs the termination or cancellation of this Agreement. 16. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 17. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed, by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Amy Blaz--CFO Bethel University 3900 Bethel Drive St. Paul, MN 55112 With Copy to: Thomas F. Hutchinson/Dale J. Moe Eastlund Hutchinson, Ltd 4200 County Road 42 West Savage, MN 55378