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from the negligence of Buyer, its agents, contractors, or employees and except as set forth in <br />Section 7 regarding Buyer’s tests and inspections. <br /> <br />9. Buyer’s Contingencies. The transaction contemplated by this Agreement is contingent <br />upon the following: <br /> <br />(a) On Seller’s ability to provide evidence acceptable to Buyer and the Title <br />Company that any mortgages encumbering the Property have been paid in full and <br />satisfied, or will be paid in full and satisfied on the Closing Date, and that the <br />Property will be released from the liens of any said mortgages prior to or in <br />connection with closing. Said mortgages will not be considered a “Permitted <br />Encumbrance” under Section 2 or Section 4. <br /> <br />(b) Seller agreeing to the subdivision of the Property prior to Closing. Buyer shall be <br />responsible for preparing the necessary documents for the subdivision approval. <br /> <br />If either of the contingencies are not satisfied, Buyer will, in addition to any other remedy <br />available at law or under this Agreement, have the option to do either of the following: <br /> <br />(a) Terminate this Agreement; or <br /> <br />(b) Waive the Contingency and proceed to close. <br /> <br />10. Assignment. Buyer may not assign its rights under this Agreement without written <br />consent of the Seller. <br /> <br />11 . Survival. All of the terms of this Agreement will survive and be enforceable after the <br />Closing. <br /> <br />12. Notices. Any notices required or permitted to be given by any party to the other shall be <br />given in writing, and shall be (i) hand delivered to any officer of the receiving party, or (ii) <br />mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, <br />postage prepaid, or (iii) properly deposited with a nationally recognized, reputable overnight <br />courier, properly addressed as follows: <br /> <br /> If to Seller: Alwin A. LaMotte and Virginia L. LaMotte <br /> [address] <br /> <br />If to Buyer: Michael Grochala <br /> Community Development Director <br /> City of Lino Lakes <br /> 600 Town Center Pkwy <br /> Lino Lakes, MN 55014 <br /> <br />With copy to: Squires, Waldspurger & Mace, P.A. <br /> Attn: Zach Cronen