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CCP 06-16-1997
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CCP 06-16-1997
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<br /> I <br /> I <br /> -. <br /> By Purchaser: Purchaser's Attorneys' Fees I <br /> Premiums for the Title Policy <br /> Recording Fees for Deed, except for Transfer Taxes <br /> One-halfofthe Escrow Fees of tile Title Company I <br /> Survey Charges <br /> 14. DEFAULT AND REMEDIES. <br /> I <br /> (A) In the event Purchaser fails to comply with any or all of the obligations, <br /> covenantS, warranties or agreements to be perfonned, honored or observed by Purchaser under I <br /> and pursuant to the temlS and provisions of this Agreement and such defauh is not cured within <br /> fifteen (15) days after notice thereof from Seller (other than Purchaser's failure to tender the <br /> Purchase Price at Closing, a default for which no notice is required), then Seller may terminate I <br /> this Agreement and either (i) retain the Earnest Money as liquidated damages and both parties <br /> shall be released from any further liability hereunder except for the indenuiliication provisions of <br /> Section 18 hereof, or (ii) seek an action for specific performance against purchaser to enforce the I <br /> provisions of this Agreement. In addition, the Seller shall be entitled to pursue such other rights <br /> and remedies which Seller may bave at law or in equity by reason of Purchaser's default. <br /> (B) In the event Seller fails to comply with any or all of the obligations, coVenantS. f/;I <br /> warranties or agreements to be performed, honored or observed by Seller under and pursuant to <br /> the texms and provisions of this Agreement, and sUch default is not cured within fifteen (15) days I <br /> after notice thereof from Purchaser, then Purchaser may either (i) terminate this Agreement, in <br /> which event the Earnest Money shall be refunded to Purchaser and both parties shall be released <br /> from any further liability hereunder, or (ii) seek an action for specific performancc against Seller I <br /> to enforce the provisions of this Agreement. In addition, the Purchaser shall be entitled to pursue <br /> such other rights and remedies which Purchaser may have at law or in equity by reason of <br /> Seller's default. I <br /> (C) The failure of either party to act upon a defa\tl.t of the other in any of the texms, <br /> conditions or obligations under this Agreement shall not be deemed a waiver of any subsequent I <br /> breach or default under the terms, conditions or obligations hereof by such defaulting party. <br /> 15. NOTICES. I <br /> All notices, consents and other colIlIJ1unications herein required or which either party <br /> desire to give to the other (''Notices'') shall be in writing and personally delivered or sent by I <br /> registered or certified mail or by overnight delivery service, postage prepaid, return receipt <br /> requested and shall be mailed to the parties at the respective addresses as provided below: <br /> If to Seller: City of Arden Hills I <br /> 1450 West Highway 96 .. <br /> Arden Hills, Minnesota 55112 <br /> Attn: City Administrator <br /> 10 I <br /> H'd 6K'l" ,,2:6 c't9 <br /> '~'d i3~I3a ~ ^3~a S't:H ,,66't-~'t-NI1!' <br />
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