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<br />~~a:', 3. 20DG 9:24AM
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<br />N'J,?E45 p, 13
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<br />17. Binding Effect. This Agreement binds and benefits the parties and their
<br />successors and assigns.
<br />
<br />~ 18. Control1in~ Law. This Agreement has been made under the laVl.'S of the State
<br />of Minnesota, and such laws will control its interpretation.
<br />
<br />19. Remedies. If Buyer defaults under this Agreement, Seller shall have the
<br />right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such
<br />default within 1:5 days of the date of such notice, this Agreement will terminate, and upon such
<br />termination Seller will retain the Earnest Money as liquidated damages, time being of the
<br />essence of this Agreement. The termination of the Agreement and retention of the Earnest
<br />Money will be the sole remedy a\'ailab~e to Seller for such default by Buyer, and Buyer will oot
<br />be liable for damages or specific performance. If Seller defaults under this Agreement, this
<br />provision does not preclude Buyer from seeking and recovering from Seller damages for
<br />nonperlormance or specific performance of this Agreement.
<br />
<br />20. Rights ofInsnection, Testing and Review. Seller shall deliver to Buyer witbin
<br />seven (7) days of acceptance of this Agreement, complete and accurate copies of all notices,
<br />consents, approvals, plans, specifications, surveys, engineering studies, analysis, soil test borings,
<br />environmental studies and other documentation pertaining to the Property (whether prepared b)'
<br />Seller, Seller's agents or independent contractors, any governmental authority or agency, federal,
<br />state or local, or any other third party), to the extent that Seller has the same in its possession.
<br />Buyer, its counsel, accountants, agents and other representatives, shall have fulJ and continuing
<br />access to the Property and all parts thereof, upon :reasonable notice to Seller. Buyer and its agent
<br />and representatives shall also have the right to enter upon the Property at any time after the
<br />execution and delivery hereof for any pu...-pose whatsoever, including inspecting, surveying,
<br />engineering, test boring, performance of environmental tests and such other work as Buyer shall
<br />consider appropriate, provided that Buyer shall hold Seller harmless and fully indemnify Seller
<br />against any damage, claim, liability or cause of action arising from or caused by the actions of
<br />Buyer, its agents, or representatives upon the Property, and shall have the further right to make such
<br />inquiries of go'Vemmental agencies and utility companies, etc., and to make such feasibility studies
<br />and analyses as it considers appropriate
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<br />Seller and Buyer have executed this Agreement as of the date first written above.
<br />
<br />BUYER:
<br />
<br />City of Centerville, a Minnesota municipal corporation
<br />
<br />Date of Signature
<br />
<br />,2000
<br />
<br />By
<br />Its
<br />
<br />Date of Signature
<br />
<br />By
<br />
<br />,2000
<br />
<br />Its
<br />
<br />12
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