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06-15-2020-WS
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06-15-2020-WS
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<br />9 <br />Closing, this Agreement, upon notice from Buyer to Seller, will cease and terminate, the <br />Earnest Money shall be refunded to Buyer, and neither party shall thereafter have any <br />rights against or obligations to the other hereunder, except as expressly provided <br />otherwise herein. <br /> <br />14. Condemnation. If, prior to the Closing Date, eminent domain proceedings are <br />commenced against all or any part of the Property, Seller shall immediately give notice to <br />Buyer of such fact and at Buyer's option (to be exercised within thirty (30) days after <br />Seller's notice), this Agreement shall terminate, in which event the Earnest Money shall <br />be refunded to Buyer and neither party will have further obligations under this <br />Agreement, except as expressly provided otherwise herein. If Buyer shall fail to give <br />such notice then there shall be no reduction in the Purchase Price, and Seller shall assign <br />to Buyer at the Closing Date of all of Seller's right, title and interest in and to any award <br />made or to be made in the condemnation proceedings. Prior to the Closing Date, Seller <br />shall not designate counsel, appear in, or otherwise act with respect to the condemnation <br />proceedings without Buyer's prior written consent. <br /> <br />15. Broker's Commission. Seller and Buyer represent and warrant to each other that they <br />have dealt with no brokers, finders or the like in connection with this transaction, except <br />as follows: Seller has engaged Pete DuFour and Andy Heieie of Colliers International <br />and David Buyse and Rory Johnson of Corporate Tenant Advisors; Seller shall be solely <br />responsible for paying all amounts that may be owed to the foregoing. Seller and Buyer <br />agree to indemnify each other, and to hold each other harmless against all claims, <br />damages, costs or expenses of or for any fees or commissions due to any other brokers <br />resulting from their actions or agreements, regarding the execution or performance of this <br />Agreement. The foregoing indemnification shall survive Closing or if no Closing occurs <br />the termination or cancellation of this Agreement. <br /> <br />16. Survival. All of the terms of this Agreement and warranties and representations herein <br />contained shall survive and be enforceable after the Closing. <br /> <br />17. Notices. Any notice required or permitted hereunder shall be given by personal delivery <br />upon an authorized representative of a party hereto; or if mailed, by United States <br />registered or certified mail, return receipt requested, postage prepaid, or if deposited cost <br />paid with a nationally recognized, reputable overnight courier, properly addressed as <br />follows: <br /> <br /> If to Seller: Amy Blaz--CFO <br /> Bethel University <br /> 3900 Bethel Drive <br /> St. Paul, MN 55112 <br /> <br /> With Copy to: Thomas F. Hutchinson/Dale J. Moe <br /> Eastlund Hutchinson, Ltd <br /> 4200 County Road 42 West <br /> Savage, MN 55378
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