Resolution No. 15-04 EDA - Laserfiche WebLink

Home Search

made heretofore. Except as otherwise expressly set forth in this Section, this Contract may only be amended, modified, or changed by a traditional written document properly executed by Seller and Purchaser (including Purchaser's Corporate Approval as set forth in Section 17). Such amendment may be transmitted by e-mail, facsimile, or other method permitted by the provisions for giving notice in this Contract. Except as otherwise expressly set forth in this Contract with respect to execution by an Authorized Officer, (1) Purchaser does not assent or agree to and will not be bound by any electronic signature or other electronic record, and (2) Purchaser and Seller agree that the Electronic Signatures in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act, including without limitation Chapter 325L of Minnesota Statutes, and any other laws applicable to contracting electronically do not and shall not apply to this Contract, any amendment hereto, the Notice of Suitability or the Notice of Governmental Approvals. The Parties acknowledge and agree that execution of the Notice of Suitability or the Notice of Governmental Approvals by an Authorized Officer and execution of this Contract or any amendment to this Contract by an Authorized Officer for the purpose of Corporate Approval may be accomplished by electronic signature utilizing DocuSign or any similar technology. f. Survival. Any portion of this Contract which relates to a period after Closing, and all of Seller's representations, warranties, covenants and indemnities, will survive Closing or termination of this Contract. g. Binding Effect. This Contract shall inure to the benefit of and bind the Parties hereto and their respective heirs, representatives, successors, and assigns. Purchaser may assign its rights hereunder with Seller's written consent. h. Impairment of Property. From and after the date of this Contract, Seller shall not do or permit others to do any of the following on or to the Property, without Purchaser's prior written consent: (1) hunting; (2) logging; (3) grubbing or clearing; (4) grading; (5) removal of gravel, rock, sand, dirt or minerals; or (6) waste of the Property. i. Interpretation. The Parties acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. The Parties have equal bargaining power, and intend the plain meaning of the provisions herein. In the event of an ambiguity in or dispute regarding the interpretation of this Contract, the interpretation of this Contract shall not be resolved by any rule of interpretation 18 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx