2017-05-24 CC Packet - Laserfiche WebLink

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(5) A Certificate dated as of the Closing Date certifying that the representations and warranties are true as of the Closing Date, and acknowledging that such representations and warranties shall survive Closing, as provided herein. (6) If the Property contains or contained a storage tank, an affidavit with respect thereto, as required by Minn. Stat. § 116.48. (7) All other agreements, documents and instruments necessary or incident to consummation of the transactions contemplated hereby. C. Deliveries by Buver at Closing. At the Closing, Buyer shall deliver to Seller the following: (1) The funds required by Paragraph 2(b) hereof by Escrow Agent's check or wire transfer. (2) All other agreements, instruments and documents necessary or incident to consummation of the transactions contemplated hereby. The performance by Seller and Buyer at the closing shall be concurrent. 14. Remedies. If Buyer cancels this Purchase Agreement by reason of non -satisfaction of one or more conditions to closing, or if Buyer cancels this Purchase Agreement by reason of Seller's default, the Earnest Money (including all accrued interest thereon) shall be promptly refunded to Buyer and neither party shall thereafter have any further liability, right or obligation hereunder. If Buyer defaults under this Purchase Agreement, Seller's sole and exclusive remedy for Buyer's default shall be cancellation of this Purchase Agreement and retention of the Earnest Money and all interest earned thereon as liquidated and final damages. Notwithstanding the foregoing, this provision shall not limit Seller's remedies with respect to any of the indemnification provisions of this Agreement. If this Agreement is not canceled by Buyer, Buyer shall have the right in addition to other remedies and rights available at law or in equity, to apply for and receive from any court of competent jurisdiction, equitable relief by way of specific performance to enforce performance of the terms of this Agreement, plus reimbursement for costs, including reasonable attorney's fees, incurred in securing such relief, provided, however, that an action to enforce such specific performance shall be commenced within six (6) months after such right of action shall arise and shall be in lieu of any claim for damages. 15. Risk of Less. In the event there is any loss or damage to the Property prior to the date of closing for any reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the Property is destroyed or substantially damaged before the closing date, Buyer shall have the right to terminate this Agreement and, in such event, all Earnest Money (and accrued interest) shall be promptly refunded to Buyer. 10 38