CCP 12-15-1997 - Laserfiche WebLink

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. -- P.13 DEC-12-1997 10:45 BRADLEY' 2, DE WE : R. A. 612 926 5743 '. 14. DEFAULT AND REMEDIES. I .. (A) In the event Purchaser fails to comply with any or all of the obligations, covenants, warranties or agreements to be performed, honored or observed by Purchaser under and pursuant to the terms and provisions of this Agreement and such default is not cured within I thirty (30) days after notice thereof from Seller (other than Purchaser's failure to tender the Purchase Price at Closing, a default for which no notice is required), then Seller may either (i) terminate this Agreement and both parties shall be released from any further liability hereunder I except for the indemnification provisions of Section 17 hereof and the parties shall execute an instrument in recordable form canceling this Agreement, or (ii) seek an action for specific performance against Purchaser to enforce the provisions of this Agreement so long as such action I is initiated within six (6) months after the date of the default. In addition, the Seller shall be entitled to pursue such other rights and remedies which Seller may have at law or in equity by reason of Purchaser's default. . (B) In the event Seller fails to comply with any or all of the obligations, covenants, warranties or agreements to be perfOImed, honored or observed by Seller under and pursuant to . the terms and provisions of this Agreement, and such default is not cured within thirty (30) days after notice thereof from Purchaser, then Purchaser may either (i) terminate this Agreement and both parties shall be released from any further liability hereunder, except for the indemnifi.cation . provisions of Section 17 hereof and the parties shall execute an instrument in recordable form canceling this Agreement, or (ii) seek an action for specific performance against Seller to enforce the provisions of this Agreement so long as such action is initiated within six (6) months after the .. date of the default. In addition, the Purchaser shall be entitled to pursue such other rights and remedies which Purchaser may have at law or in equity by reason of Seller's default. (C) The failure of either party to act upon a default of the other in any of the tem1S, I conditions or obligations under this Agreement shall not be deemed a waiver of any subsequent breach or default under the terms, conditions or obligations hereof by such defaulting party. . 15. NOTICES. All notices, consents and other communications herein required or which either party I desire to give to the other ("Notices") shall be in writing and personally delivered or sent by registered or certified mail or by overnight delivery service, postage prepaid, return receipt I requested and shall be mailed to the parties at the respective addresses as provided below: If to Seller: City of Arden Hills I 1450 West Highway 96 Arden Hills, Minnesota 55112 Attn: City ;\tlmini.trator I If to Purchaser: Webh Development Company, LLC 8200 Normandale Blvd., Suite 200 I Bloomington, Minnesota 55347-1060 12 -- I -----