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14) agrees to one (1), sixty (60) day extension of either: (i) the Condition Date or (ii) the Date of <br />Closing, as may be requested by Buyer. <br /> <br />18. SUCCESSORS AND ASSIGNS. This Agreement will be binding upon and inure <br />to the benefit of the parties, their successors and assigns for the purposes set forth in this <br />Agreement. The Buyer is only permitted to assign its interest hereunder, to the Party that executes <br />the Development Agreement or to a party approved by Seller in writing. <br /> <br />19. GOVERNING LAW. This Agreement was executed in Minnesota, and shall be <br />governed by the laws of the State of Minnesota. <br /> <br />20. MUTUAL DRAFTING. This Agreement is the mutual product of the parties and <br />each provision hereof has been subject to the mutual consultation, negotiation and agreement of <br />each of the parties, and shall not be construed for or against any party to this Agreement. <br /> <br />21. COUNTERPARTS. This Agreement may be executed in any number of <br />counterparts, each of which shall be deemed an original, but all of which shall constitute one and <br />the same instrument. <br /> <br />22. HEADINGS. Headings contained herein are for reference only and are not a part <br />of this Agreement. <br /> <br />23. ABSENCE OF THIRD PARTY BENEFICIARY RIGHTS. No provision of this <br />Agreement is intended, nor is any provision to be interpreted to provide or create any third party <br />beneficiary rights or any other rights of any kind in any client, customer, affiliate, shareholder, <br />employee or partner of any party to this Agreement or any other person or entity. <br /> <br />24. REAL ESTATE EXCHANGE. The Seller and Buyer acknowledge that the sale and <br />purchase of the Real Property may be part of a tax-free exchange for one or both parties, and the <br />Seller and Buyer agree to cooperate to complete said 1031 tax-free exchange(s). <br /> <br />25. SURVIVAL. Except as otherwise provided herein, all of the terms (including, <br />without limitation, warranties and representations) of this Agreement will survive and be <br />enforceable after the Closing. <br /> <br />26. PROJECT SIGNAGE. Commencing from the Effective Date, until the Closing or <br />termination of this Agreement, Seller grants Buyer a license to post a project sign on the Real <br />Property. The Buyer will pay for the cost of the fabrication, installation and removal of the sign. <br />Project sign must comply with applicable law. <br /> <br />\[Signatures Appear On Next Page\] <br /> <br />12 <br /> <br />