Resolution No. 15-04 EDA - Laserfiche WebLink

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providing for interpretation against the party who causes the uncertainty to exist or against the draftsman. This Contract shall be construed in accordance with the laws of the State of Minnesota. j. Counterpart and Facsimile Signatures. This Contract may be executed in any number of identical counterparts which, taken together, shall constitute collectively one agreement; but in making proof of this Contract, it shall not be necessary to produce or account for more than one such counterpart. Additionally, (i) the signature pages taken from separate individually executed counterparts of this Contract may be combined to form multiple fully -executed counterparts; and (ii) a facsimile signature or an electronically scanned signature shall be deemed to be an original signature for all purposes. All executed counterparts of this Contract shall be deemed to be originals, but all such counterparts, when taken together, shall constitute one and the same agreement. k. Waiver. No waiver by Purchaser of any contingency, condition, provision, or term shall be effective unless made in writing, signed by Purchaser, and specifying the extent and nature of such waiver. Purchaser's actions or failure to act shall not be deemed to be a waiver of any contingencies or rights of Purchaser contained herein. 1. Calculation of Time. Time is of the essence in the performance of this Contract. Should the date for the giving of any notice, the performance of any act, or the beginning or end of any period provided for herein fall on a Saturday, Sunday or other legal holiday, such date shall be extended to the next succeeding Business Day which is not a Saturday, Sunday or legal holiday. The Closing Date shall be governed by Section 12.a. 17. EXECUTION OF CONTRACT, AMENDMENT AND NOTICES BY OFFICER OF PURCHASER. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, NEITHER (A) THIS CONTRACT NOR ANY AMENDMENT HERETO, NOR (B) ANY NOTICE OF GOVERNMENTAL APPROVALS AND NOTICE OF SUITABILITY, SHALL BE A VALID AND ENFORCEABLE OBLIGATION OF PURCHASER UNLESS EXECUTED BY ANY ONE OF DONALD R. HORTON, DAVID AULD, MICHAEL J. MURRAY, DOUG BROWN OR BILL W. WHEAT, EACH AN "AUTHORIZED OFFICER" OF PURCHASER, AND IN THE CASE OF THIS CONTRACT OR ANY AMENDMENT HERETO, THE EXECUTION BY SUCH OFFICER OCCURS WITHIN THIRTY (30) DAYS OF THE EXECUTION OF THIS CONTRACT OR AMENDMENT BY SELLER AND PURCHASER'S REPRESENTATIVES. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] 19 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx