Laserfiche WebLink
(d) Testing. Buyer shall have determined, in its sole discretion, on or before the Closing <br />Date, that it is satisfied with the results of and matters disclosed by soil tests, well tests, engineering <br />inspections, hazardous waste and environmental reviews of the Property, all such tests, inspections and <br />reviews to be obtained at Buyer's sole cost and expense. <br />(e) Document Review. Buyer shall have determined, on or before the Closing Date, that it is <br />satisfied with its review and analysis of the Title Evidence to the Property. <br />(0 Underground Storage Tanks. Seller shall have, at Seller's cost and expense, removed all <br />underground storage tanks from the Property in the manner required by the Minnesota Pollution Control <br />Agency, including any cleanup or remediation required by said agency, and shall have obtained a closing <br />letter therefore from the Minnesota Pollution Control Agency. <br />(g) <br />Acquisition of Other Properties and Approvals. <br />(i) <br />Acquisition of the entire property located at 2250 Rice Street that is currently <br />occupied by Oasis Market. <br />(ii) Acquisition of property from 2260 Rice Street to facilitate the relocation of Viking <br />Drive whereby a connection with Minnesota Avenue is created using the easterly 60 <br />feet of the property at 2260 Rice Street. Determination of the adequacy of said <br />acquisition is at Buyer's sole discretion. <br />(iii) Design of a satisfactory street alignment that relocates Viking Drive to Minnesota <br />Avenue as determined in Buyer's sole discretion, and subject to any required <br />approvals from the Minnesota Department of Transportation and Ramsey County <br />Public Works. <br />If any such contingency has not been satisfied on or before the Closing Date, then this Agreement may be <br />terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination may be given <br />at any time on or before the Closing Date. Upon such termination, neither party will have any further rights or <br />obligations regarding this Agreement or the Property, all Earnest Money will be returned to Buyer, and the <br />parties shall execute a written cancellation of this Agreement. All of the contingencies set forth in this <br />Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer <br />shall have the right to unilaterally waive any contingency by written notice to Seller. <br />25. Construction. No provision of this Agreement shall be construed by any court or other judicial <br />authority against either Sellers or Buyer by reason of any such party being deemed to have drafted or structured such <br />provision. <br />26. Minnesota Law. This contract shall be governed by the laws of the State of Minnesota. <br />27. Survival of Closing. All representations, warranties, agreements and indemnities contained in this <br />Agreement shall survive the closing. <br />28. Entire Agreement. This Agreement constitutes the entire agreement of the parties relative to the sale <br />-6- <br />