CCP 09-29-1997 - Laserfiche WebLink

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(I .'1 not to be considered in interpreting this Agreement. All schedules, exhibits, addenda or I attachments referred to herein are hereby incorporated in and constitute a part of this Agreement. -I 15.) ENTfRE AGREEMENT' MODlFICATfON. This written Agreement constitutes the complete agreement between Seller and Buyer and supersedes any prior oral or written agreements between them regarding the Property. There are no oral agreements that change this I Agreement, and no amendment of any of its terms will be effective .unlcss in \\Titing and executed by both Seller and Buyer. 16.) BINDING EFfECT. This Agreement binds and bcnefits Seller and Buyer and I their respective successors and assigns. 17.) CONTROLUNG LAW. This Agreement has bcen made lInder, an.d. will be I interpreted and controlled by, the laws of the State of Minnesota. 18.) W AIVER. No waiver of the provisions of this Agreement shall be effective I unless in writing, executed by the p.lrty to be charged with such waiver. No waiver shall be deemed a continuing waiver or waiver in respect of any subsequent breach or default, either of I similar or different nature, unless expressly stated in writing. 19.) REMEDIES. Time is of the essence of this Agrcement. If Seller fails to perform I any of its obligations under this Agreement, Buyer may seek and recover from Seller damages for nonperformance or specific performance of this Agreement. Buyer and Seller acknowledge that if Seller breaches this Agrcement and refuses or fails to perform pursuant to the provisions eI of this Agreement, monetary damages alone would not be adequate to compensate Buyer. Buyer shall be entitled, in addition to any remedies that may be available, including monetary damages, to obtain specific performance of the terms of this Agreement. !fany action is brought by Buyer I to enforce this Agreement, Seller shall waive the defense that there is an adequate remedy at law. If Buyer defaults in performance of its obligations under this Agreement, Seller shall have the right to terminate this Agreement in the manner provided by Minn. Stat. Sec. 559.21, or seek I monetary damages (excluding consequential damages) in connection with Buyer's failure to perform pursuant to Section 8 herein. Such termination of this Agreement will be the only I remedies available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. 20.) F\ JRTHER ASSURANCES. At any time ilhd from time to time after the Closing I Date, each party shall, upon request of another party, execute, acknowledge and deliver all such further and other assurances and documents, and will take such action consistent with the terms I of this Agreement as may be reasonably requested to carry out the transactions contemplated herein, and to pemlit each party to enjoy its rights and benefits hereunder. I I 10. .. I