06-13-2002 EDA Packet - Laserfiche WebLink

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________, MN 56301 Email: ____________ With a copy to: In the event either party delivers a notice by email, as set forth above, such party agrees to deposit the originals of the notice in a post office, branch post office, or mail depository maintained by the U.S. Postal Service, postage prepaid and addressed as set forth above. Such deposit in the U.S. Mail shall not affect the deemed delivery of the notice by facsimile or email, provided that the procedures set forth above are fully complied with. Any party, by notice given as aforesaid, may change the address to which subsequent notices are to be sent to such party. Attorneys for each party are authorized to give notices for each such party. 24. CUMULATIVE RIGHTS. Except as may otherwise be provided herein, no right or remedy herein conferred on or reserved by either party is intended to be exclusive of any other right or remedy provided by law, but such rights and remedies shall be cumulative in and in addition to every other right or remedy given herein or elsewhere or existing at law, equity or by statute. 25. DEFAULT; REMEDIES; SPECIFIC PERFORMANCE. If the Buyer defaults in any of the agreements herein, the Seller may, as the Seller’s sole remedies, (a) terminate this Agreement; and (b) retain any Earnest Money paid by the Buyer as liquidated damages, time being of the essence hereof. If the Seller defaults in any of the agreements herein, the Buyer may (1) terminate this Agreement, in which event the Seller will cause the Title Company to refund the Earnest Money to the Buyer; (2) terminate this Agreement and seek actual damages for breach of this Agreement; or (3) seek specific performance of this Agreement; provided that any action for specific performance must be brought within six months after the date of the alleged breach. 26. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Signatures to this Agreement and any amendment to it transmitted by electronic mail is valid and effective to bind the party so signing. Each party shall promptly deliver an execution original of this Agreement (and any amendment to it) with its actual signature to the other party, but a failure to do so will not make this Agreement (or any amendment to it) unenforceable. 27. GOVERNING LAW. This contract shall be governed by the laws of the State of Minnesota. 28. SURVIVAL. No terms of this Agreement shall survive the delivery of the Deed, except (a) all representations and warranties; (b) the last sentence of this Section; and (b) Sections 13, 14, 15, and 16 of this Agreement, for the period of time specified in such Sections. Notwithstanding any contrary language in this Agreement, all terms and conditions of this Agreement, as well as those reflected on the Deed, will expire and terminate on the date that is seven years after the date of the Deed. 29. RECORDING; PURPOSE OF RECORDING. This Agreement, or a memorandum of this Agreement in form reasonably acceptable to the parties, shall be filed of record with the County Recorder or the Registrar of Titles of Scott County, Minnesota, as the case may be to provide record notice of the terms of Sections 13, 14, and 15 of this Agreement. (The remainder of this page is intentionally left blank.)