Laserfiche WebLink
3 <br /> <br />fees) accruing prior to the date of this Agreement in connection with any obligation or <br />liability related to the obligations of Seller under the Development Agreement, including, <br />without limitation, the Assumed Obligations, or arising from or related to Seller’s failure <br />to perform such obligations in accordance with the Development Agreement prior to the <br />date of this Agreement. <br /> <br />2. Release of Seller. The City does hereby release Seller from all loss, liability, cost, expense <br />and responsibility arising out of or associated with the Assumed Obligations accruing <br />from and after the date of this Agreement or otherwise attributable to the period <br />commencing on the date of this Agreement and continuing thereafter. The City agrees to <br />look solely to Buyer for payment and performance of such Assumed Obligations. No <br />default by Buyer with respect to the Assumed Obligations will result in a default under <br />the remaining portions of the property covered by the Development Agreement. No <br />default by Seller of its obligations under the Development Agreement with respect to the <br />Retained Property will result in a default by Buyer with respect to the Assumed <br />Obligations. <br /> <br />3. Recitals. The foregoing recitals are true and correct and are hereby incorporated by <br />reference. <br /> <br />4. Inurement; Counterparts. This Agreement shall bind and inure to the benefit of the parties <br />hereto and their successors and assigns. This Agreement shall run with the land. This <br />Agreement may be executed in counterparts, each of which shall constitute an original, <br />but all of which together shall constitute one and the same instrument. <br /> <br />5. Assignment; Governing Law; Conflicts; Amendment. This Agreement shall not be <br />assigned without the prior written consent of Seller and the City. This Agreement shall <br />be governed by and construed under the laws of the State of Minnesota. In the event of <br />any conflict between this Agreement and the Purchase Agreement, this Agreement shall <br />control. No change, amendment, qualification or cancellation hereof shall be effective <br />unless in writing and executed by each of the parties hereto. <br /> <br /> <br />SIGNATURE PAGES TO FOLLOW <br />