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<br /> - <br /> I <br /> after notice thereof from Purchaser, then Purchaser may either (i) tenuinate this Agreement and -. <br /> both parties shall be released from any further liability hereunder, except for the indt'mnification I <br /> provisions of Section 17 hereof and the parties shall execute an instrument in recordable form <br /> canceling this Agreement, or (ii) seek an action for specific performance against Seller to enforce <br /> the provisions oftbis Agreement so long as such action is initiated within six (6) months after the I <br /> date of the default, In addition, the Purchaser shall be entitled to pursue such other rights and <br /> remedies which Purchaser may have at law or in equity by reason of Sellefs default. <br /> (C) The failure of either patty to act upon a defaull of the other in any of the terms, I <br /> conditions or obligations under this Agreement shall not be deemed a waiver of any Subsequent <br /> breach or default under the tenus, conditions or obligations hereofby such defaulting patty. I <br /> IS. NOTICES. <br /> All notices, consents and other communications herein required or which either party I <br /> desire to give to the other (''Notices'') shall be in writing and personally delivered or sent by <br /> registered or certified mail or by overnight delivery service, postage prepaid, return receipt I <br /> requested and shall be mailed to the parties at the respective addresses as provided below: <br /> If to Seller: City of Arden Hills ~ <br /> 1450 West Highway 96 <br /> Arden Hills, Minnesota 55112 <br /> Attn: City Administrator I <br /> lito Purchaser: Welsh Development Company, LLC <br /> 8200 Normandale Blvd., Suite 200 I <br /> Bloomington, Minnesota 55347-1060 <br /> Attn: Dick Zehring <br /> With a copy to: Thomas Hart I <br /> Winthrop & Weinstine, P.A. <br /> 30 East 7th Street, Suite 3200 I <br /> S1. Paul, Minnesota 55101 <br /> All Notices shall be effective upon being deposited in tbe United States mail or delivered to the I <br /> overnight courier in the manner prescribed above; however, the time period in which a response <br /> to any such Notice must be given shall commence to run from the date of receipt by the <br /> addressee thereof as shown on the return or courier receipt of the Notice. Rejection or other I <br /> refusal to accept or the inability to deliver because of changed address of which no Notice was <br /> given shall be deemed to be receipt of the Notice as of the date of such rejection, refusal or <br /> inability to deliver. I <br /> -- <br /> 11 I <br /> <:l"d 6M'1<'. <'.C6 <:19 '~'d '~I3a ~ A3'~~a <'.o:n <'.661-61-d3S <br />