03-26-07 Item7H, Resolutino 07-39 Wildlife Corridor Transfer

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. these documents demonstrates that it would materially affect the use and the value of the Property as intended by the Purchaser. The purpose for which the Purchaser intends to use the Property as illustrated in the City of Arden Hills' Framework Vision Plan. c. Purchaser may rescind its offer, and the Government will return to Purchaser any earnest money paid up until the date of rescission, if Purchaser determines, in its sole discretion, that information contained in any of the documents listed in Paragraph 5(a)(1)-(6) or from any other source demonstrates that it would materially affect the use and value of the Property as intended by the Purchaser; or if Purchaser discovers environmental fmdings that deem the project economically infeasible. The use and value of the Property is substantially similar to that described in the Arden Hills Framework Vision Plan. d. The Government may rescind its acceptance of the Offer if it is reasonably determined by the Government that such action is justified for such causes as a military conflict, a national emergency, or evidence of default, by the Purchaser. For the purpose of this Offer, default shall include but not be limited to, misrepresentation or other wrongful conduct, assignment of the Offer, violation of the covenant against contingencies fees, and inability to effectuate a timely closing. Any rescission will be without liability on the part of the Government other than to return the earnest money deposit without interest. 6. DEED WITHOUT WARRANTY. The Deed shall be in conformity with local law and practice. 7. REVOCATION OF OFFER AND DEFAULT. Notwithstanding paragraph 5 herein, in the event of revocation of the Offer prior to acceptance, or in the event of any default by the Purchaser in the performance ofthe contract created by such acceptance not cured within sixty (60) days, any deposit, together with any payments subsequently made on account, may be forfeited at the option of the Government, in which event the Purchaser shall be relieved of further liability. 8. INSPECTION. Failure ofthe Purchaser to inspect or to be fully informed as to the condition of all or any portion of the Property shall not constitute grounds for any claim or demand for adjustment or withdrawal of the Offer. The Purchaser shall be deemed to have relied solely on its own judgment in assessing the overall condition of all or any portion ofthe Property. 9. CONDITION OF PROPERTY. Except as otherwise provided herein, the Property is offered "as is" and "where is" without representation, warranty, or guarantee as to quality, quantity, character, condition, size, or kind, or that the same is in condition or fit to be used for any purpose for which it is intended. 10. POSSESSION. Possession of the Property will be granted upon conveyance, unless a written agreement is reached by the parties. 3