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If to Buyer: City of Roseville Roseville City Hall 2660 Civic Center Drive Roseville, MN 55113 Attn: Patrick Trudgeon Notices shall be deemed effective on the date of receipt if delivered personally, upon the date of delivery to the reputable express courier if delivered to the courier for overnight delivery, or on the date of deposit in the U.S. Mail, if mailed; provided, however, if notice is given by deposit in the U.S. mails or by delivery to a courier for overnight delivery, the time for response to any notice by the other party shall commence to run one business day after the date of mailing or delivery to the courier. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any of the manners specified above, 10 days prior to the effective date of such change. 13. Defaults and Remedies. In the event of a default on the part of either party under this Agreement which continues for three (3) business days after receipt of written notice from the other party, the following shall apply: A. If the Buyer is the defaulting party the Seller may, as its sole remedy, terminate this Agreement in accordance with Minnesota Statutes §559.21, whereupon the Earnest Money shall be delivered to Seller as liquidated damages. B. If the Seller is the defaulting party, the Buyer may (i) terminate this Agreement whereupon the Earnest Money (together with any interest accruing thereon) shall be returned to Buyer, ar(ii) seek specific performance of this Agreement, provided that such action is brought within six (6) months after such right of action arises. Notwithstanding anything to the contrary contained herein, the parties acknowledge and agree that any liability of the parties to the other under the covenants and indemnification contained in Sections 10 and 14 shall not be limited or affected by the foregoing provisions of this Section. 14. Phvsical Inspection. Following the signing of this Agreement, the Seller shall allow Buyer access to the Property without charge for the purpose of Buyer's surveying, placing boundary monumentation upon, and testing and examining the Property. The Buyer shall not perfarm any subsurface exploration of the Property without the Seller's prior consent. Seller's consent shall not be unreasonably withheld. Buyer shall pay all costs and expenses of such surveying, placing of boundary monumentation, examination and testing, and Buyer will, subject to the provisions and limitations of Minn. Stat. Chapter 466, defend and indemnify the Seller from all claims, liens, costs, expenses, and attorneys' fee related to such actions by Buyer. The foregoing indemnification shall survive Closing or if no Closing occurs, the termination of this Agreement. :