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403 404 405 406 407 408 409 410 411 412 413 414 415 And to: Attn: Mark Nelson, Seniar Vice President Email: mark.nelson(a�uproperties.com with a copy to: Lindquist & Vennum LLP 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Attn: James R. Walston Email: jwalston(a�lindquist.com Attachment B 416 Each mailed notice or communication shall be deemed to have been given to, or served upon, the 417 party to which it is addressed on the third date after the same is deposited in the United States 418 Registered or Certified Mail, if postage prepaid, properly addressed in the manner above 419 provided, or on the date of delivery if by other means as allowed above, and if by telephonic 420 facsimile, with confirmation of successful transmission. The addresses to which notices are to be 421 mailed to either parry hereto may be changed by such party by giving written notice thereof to the 422 other party in the manner above provided. 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 13. DEFAULT. In the event of a default by Seller hereunder, Purchaser may terminate this Purchase Agreement, and receive from Seller a return of all Earnest Money or seek specific performance. In the event of a default by Purchaser hereunder, Seller may terminate this Agreement by providing 30 days written notice as provided by Minnesota Statutes, and subsequent to such termination, retain the Earnest Money paid by Purchaser or seek specific performance. 14. 1031 EXCHANGE COOPERATION. As an accommodation to the other party, the parties hereto agree to cooperate with each other if either or both of them elect to consummate the transaction contemplated by this Agreement in a manner intended to qualify as a lilce-kind exchange of property pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended (ihe "Exchange"), including, without limitation, so called "reverse exchanges," which cooperation shall include executing documents therefor, provided that the requesting party is not in default of its obligations under this Agreement and the following terms and conditions are satisfied: (a) the exchanging party provides prior written notice to the other party not less than two (2) business days prior to the Closing Date, together with copies of all exchange documents; (b) the non-exchanging pariy shall in no way be obligated to pay any facilitator charges, escrow costs, brokerage commissions, title charges, survey costs, recording costs or other charges incurred with respect to the Exchange, and the exchanging party shall reimburse the non- exchanging party for any reasonable professional fees, including attorneys' fees, incurred with respect thereto; (d) in no way shall the Closing be contingent or otherwise subject to the consummation of the Exchange, and the Escrow shall timely close in accordance with the ierms of this Agreement despite any failure, for any reason, to consummate the Exchange; (e) the non- exchanging party shall have no responsibility or liability to any third party involved in the Exchange; (� the non-exchanging party shall not be required to make any representations or warranries nor assume any obligations, including but not limited, incurring any debt, taking title to any other property, expending any sum, or incurring any liability whatsoever in connection with the Exchange; and (g) the parties' rights against each other under this Agreement, and the parties' obligations under this Agreement, shall not be reduced or excused in any manner as the result of the Exchange. This Purchase Agreement shall consritute notice within the meaning of Section 11031(k)-1(g)(4)(v) ofthe Income Tax Regulations.