07/23/2007 Council Packet (2) - Laserfiche WebLink

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thereunder in a form reasonably acceptable to the other party. Notwithstanding the foregoing, Purchaser may assign this Agreement prior to or contemporaneous with Closing or designate any third party to take title at Closing; provided, however, no such assignment or designation shall release Purchaser from liability hereunder. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. Purchaser may designate a nominee to take title to the Subject Property and to receive all assignments and transfers to be provided by Seller to Purchaser herein. 18. Rules of Interpretation. (a) This Agreement shall be interpreted and governed by the laws of the State of Minnesota. (b) The headings of paragraphs and sections contained herein are for convenience only and in no way define, limit or describe the scope or intent of this Agreement. (c) Time shall be of the essence of this contract. (d) Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 19. Exhibits. The following exhibits are attached hereto and made a part hereof: Exhibit A: Legal Description Exhibit B: Permitted Encumbrances Exhibit C: Form of "Sears" Endorsement Exhibit D: FIRPTA Affidavit Exhibit E: Seller's Affidavit