Laserfiche WebLink
07/11/2007 17:43 FAX 952 886 3250 <br />LARKIN HOFFMAN DALY U1014/018 <br />20. Remedies, If Buyer defaults under this Agreement, <br />Seller shall have the right to. (1) terminate this Agreement by <br />giving fourteen (14) days prior written notice to Buyer, and it <br />so terminated, Seller shall be entitled to obtain all of the <br />Earnest money as liquidated damages; or (ii) seek specific <br />performance. If Seller defaults under this Agreement, Buyer <br />shall have the right to: (i) recover costs incurred by Buyer for <br />Testing conducted pursuant to Section 3 (c) (i) and (d), not to <br />exceed three thousand and 00 /1oo dollars (53000.00); or <br />(ii) terminate this Agreement by giving fourteen (14) days prior <br />written notice to Seller, and if so terminated, Buyer shall be <br />entitled to a return of all the Earnest Money. Such remedies <br />shall be the only remedies available to Seller and Buyer. Any <br />action hereunder to seek specific performance shall be commenced <br />within three (3) months of the date such right accrues. <br />21. Waiver of Relocation. Seller agrees that no persons <br />will be displaced or relocated as a result of any purchase by the <br />Buyer_ Seller waives any rights they may have under the Uniform <br />Relocation Act of..1970, and the regulation adopted pursuant <br />thereto by the United States Department of Housing and Urban <br />Development, and any applicable Minnesota law relating to <br />relocation. <br />22. Buyer's Representations and Warranties. Except to the <br />extent specifically warranted by Seller, Closing on the purchase <br />of the Property by Buyer shall be deemed a representation, <br />warranty and agreement that Buyer has conducted or has been <br />allowed to conduct a full inspection of the Property, and has not <br />been, denied reasonable access to any area thereof; that Buyer has <br />had.a,compicte right to bring experts on the Property, and to <br />conduct, in a reasonable manner, all tests necessary to determine <br />the condition of the Property, including without limitation the <br />presence or absence on the Property of any hazardous substances <br />or contaminant,; that Buyer has investigated to its own <br />satisfaction the environmental condition of the soil, water and <br />groundwater, and that based on Buyer's investigation S,' Buyer is <br />aware of the condition of the Property and accepts the Property <br />in its current "As -Is" condition. <br />23. Facsimile Signatures. This Agreement may be executed <br />with signatures transmitted by facsimile and shall constitute a <br />binding agreement with such signatures. Nonetheless, any party <br />providing facsimile signatures shall provide the other party with <br />the original signatures within five (5) business days after <br />prQviding.the facsimile signature page(s). <br />Seller and Buyer have executed this Agreement as of the date <br />first written above. <br />7.2 <br />- 1 4 - <br />