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4.03 In the event ofa violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without the need for a bond or security, and that specific performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. 4.04 In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. SECTION 5 - ACCESS TO EASEMENTS All easements retained by the Seller in Section 4 herein shall allow the Seller full access to all parts of such easements for the purpose of operation, maintenance and repair and/or reconstruction of the easement areas or facilities located therein. Such access shall include access by the Seller and its officers, agents and employees across the Property and retained easement areas at all times. SECTION 6 - CLOSING 6.01 Unless otherwise extended by the provisions of this Agreement, the closing of this transaction ("Closing") shall be held at a time that is mutually agreeable to Seller and Buyer; provided that the Closing shall be no later than September 30, 2005. 6.02 Buyer shall have the right to purchase the Property any time prior to and including September 30,2005. To exercise this right, Buyer shall give Seller sixty (60) days written notice thereof. Unless otherwise extended by the provisions of this Agreement, the Closing shall take place not later than ninety (90) days after the date of said written notice. 6.03 In the event that Seller satisfies all requirements of this Agreement by June 30, 2005 and Closing does not occur by September 30, 2005, or as otherwise extended by this Agreement, this Agreement shall be null and void at option of Seller; and neither party shall be liable for damages hereunder to the other. In such event, Buyer and Seller agree to sign a Cancellation of Land Sale and Purchase Agreement, and Buyer shall be refunded its down payment plus interest accrued. 6.04 Closing shall be held at Centerville City Hall, 1880 Main St., Centerville, Minnesota 55038, or such other location that Seller and Buyer mutually agree upon. C:\Documents and Settings\TBenderILocal Settings\Temporary Internet Files\OLK3D\Purchase and Sale ofva=t lot_07-22-04.doc 2