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terminates this agreement and Buyer fails to cure such default within Thirty (30) days of <br />the date of such notice, this. Agreement will terminate, and upon such termination. Seller <br />will be entitled to retain the Earnest Money paid as liquidated damages, time being of the <br />essence of this Agreement. The termination of this Agreement and retention. of the. <br />Earnest Money will be the sole remedy. available.to Seller for such default by Buyer <br />except as otherwise provided in this Agreement. Buyer will not be liable for damages or <br />specific performance with the exception of any default by. Buyer of its obligations to pay <br />for services rendered to investigate and perform its due diligence on the Property or any <br />of its.indenuufication obligations under this Agreement which obligations shall survive <br />termination of this. Agreement. <br />If Seller defaults under this Agreement, Buyer may either (a) terminate this. Agreement in <br />which event Buyer shall be entitled to return of its Earnest Money upon.Buyer furnishing. <br />an affidavit setting forth the services rendered upon the Property together with mechanic <br />lien waivers or proof of payment for any lienable services and a quit claim deed and <br />thereafter neither Seller or Buyer shall have any further. obligations. under this Agreement. <br />except as..to tuyer's obligations to pay for lienable. services rendered to the Property or <br />any of its indemnification obligations.under this Agreement; (b) cure Seller's breach dad <br />deduct the cost of said cure to a maximumof $1,500.00. from. the Purchase Price; or (c) <br />exercise its remedy .at law or in equity to seek. judgment. compelling the specific <br />performance of the Agreement. <br />19. Withdrawal of offer:. The offer made by the first party to execute this. Agreement shall <br />be deemed to be withdrawn unless accepted by the other party and. a fully executed <br />counterpart of this Agreement returned to such first party on or before the date which is <br />Fifteen (15) days after this Agreement was. signed by the first party. <br />20. Counterparts. This Agreement may be executed in any number of counterparts, each of <br />which shall.be deemed to be one.and the same instrument. The exchange of copies of. <br />this Agreement and of signature pages by facsimile or portable document format (pdf) <br />shall constitute effective execution. and delivery of this Agreement as to the parties and <br />may be used. in lieu of the original Agreement for all: purposes. <br />21: Agreement to Honor the Hansen Fam& on the main E trance Signs for the Park. The <br />City agrees to. add to the bottom of all entrance signs for any park created on the Property <br />the. following language:. <br />Early 19D.0's site of land farmed. by the Hansen family and <br />:known as: Summit Farm Dairy <br />The lettering shall be at least 2" high and clearly legible .and shall be included on all <br />future entrance signs to the park into perpetuity: <br />This Agreement was entered into on the date set forth apposite the respective party's name. <br />BUYER; City of Gem. Lake <br />Sy. <br />Robert. Wpen <br />Its Mayor <br />SELLER: Hansen Investments, LLC <br />By <br />Thomas. M. Hansen, <br />its Chief Manager <br />Dated; May , 2017 Dated -,May 2017 <br />84.83Turchase Agreement -City of Cem Lake:- Park. Land 5-3-2017 <br />la <br />