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Copy: James Hoeft Barna. Ouzy, & Steffen: LID 200 Coon Rapids Boulevard Minneapolis, 1vfN 55433-5894 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, l'1at if notice is given by deposit, that the time for re"sponse to any notice by the other party shall commence to run one business day after atl}' such deposit. Any parey may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 18. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a pa.11 of this Agreement and are not to be considered in interpreting this Agreement. 19. Entire A~ement; Modification. This v.Titten Agreement constitutes l~e complete agreement between the parties and supersedes any prior oral or written agreements between the pa..'i.ies regarding the Property. There are no verbal agreements that chw.ge this Ag.!'eement and no waiver of any of its tenus will be effective unless in writing executed by the panies. 20. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 21. Controlling Law. This Agreement has been made un.der the la"ys of the State cfMinnesota, and such laws will control its interpretation. 22. Reffiedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of t.'1e date of such notice, this Agreement will teuninate. and upon such temlination Seller will retain the Earnest Money as liql.lida.ted damages, time being of the essence cf this Agreement. The termination of the Agreemeut and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this provision does not preclude Burer from seeking and reco,-ering from SeHer [datnages for nonperfonna'1ce or] specific performance of this Agreement. [Buyer shall have no dgh.t to seek damages from Seller for Seller's defaults hereunder]. [If Seller defaults under this Agreement, Buyer shalll:ave no right to seek damages from Seller for Buyer's loss of its bargain in failing to acquire the pr::lperty, but Buyer shall recover as damages from Seller all of Buyer's out~of-pocket costs and fees ioduding without limitation attorneys' fees, accountants' fees and other consu~tant's fees incurred by Buyer in preparing and negotiating this Ag.reement, preparing for ~l 13