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<br />(ii) deposit such insurance proceeds in escrow with a title insurance company selected by <br />the Seller, whereupon Seller may contract with another party to perform the <br />demolition and construction necessary to construct the Minimum Improvements. <br />The escrowed funds shall be distributed to the party performing such demolition and <br />construction work in such a manner and at such times as the Seller deems <br />appropriate in payment for said demolition and construction work. The escrowed <br />fund, monitoring payments, obtaining title insurance and lien waivers, making <br />inspections and all other costs incurred by the Seller which are associated with the <br />holding and administration of the escrowed funds and the disbursement thereof <br />(collectively the "Administrative Costs"), the demolition of existing improvements <br />and the construction of the Minimum Improvements. In the event that the escrowed <br />funds are insufficient for the demolition, construction work necessary to pay for such <br />demolition, construction and Administrative Costs, and if the Purchaser does not do <br />so within five (5) day of such request the Seller may deposit with itself such amount <br />and the amount paid shall become immediately due and payable with interest at a <br />rate of equal to six percent (6%) per annum, whichever is lower, and shall be added to <br />the purchase price of the Property. <br /> <br />The balance of any funds remaining in escrow after payment of all costs of repair, rebuilding. <br />restoration or replacement of any improvements on the Property or required to be demolished <br />or constructed on the Property hereunder, together with the payment of all Administrative <br />Costs, shall be applied first to any amount owing by the Purchaser to the Seller hereunder. <br />whether then due or not, and the excess shall be paid to the Purchaser, <br /> <br />8. PURCHASER'S ELECTION TO REBUILD. Purchaser may elect to have the portion of such <br />insurance proceeds necessary to repair, replace or restore the damaged Property (the repair <br />work) deposited in escrow with a title insurance company qualified to do business in the State of <br />Minnesota, or such other party as may be mutually agreeable to Seller and Purchaser. The <br />election may only be made by written notice to Seller within sixty days after the damage occurs. <br />Also, the election will only be permitted if the plans and specifications and contracts for the <br />repair work are approved by Seller. If such a permitted election is made by Purchaser, Seller and <br />Purchaser shall jointly deposit, when paid, such insurance proceeds into such escrow. If such <br />insurance proceeds are insufficient for the repair work, Purchaser shall, before the <br />commencement of the repair work, deposit into such escrow or post a letter of credit, sufficient <br />additional money to insure the full payment for the repair work. Even if the insurance proceeds <br />are unavailable or are insufficient to pay the cost of the repair work, Purchaser shall at all times <br />be responsible to pay the full cost of the repair work. All escrowed funds shall be disbursed by <br />the escrowee in accordance with generally accepted sound construction disbursement <br />procedures. The costs incurred or to be incurred on account of such escrow shall be deposited <br />by Purchaser into such escrow before the commencement of the repair work. Purchaser shall <br />complete the repair work as soon as reasonably possible and in a good and workmanlike <br />manner, and in any event the repair work shall be completed by Purchaser within one year after <br />the damage occurs. <br /> <br />9. INJURY 01{ DAMAGE OCCURING ON THE PROPERTY. <br /> <br />(a) LIABILITY. Seller shall be free from liability and claims for damages by reason of injuries <br />occurring on or after the date of this Contract to any person or persons or property while <br />on or about the property. Purchaser shall defend and indemnify Seller from all liability, <br /> <br />4 <br />