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11. CHANGE IN PROPERTY. <br />a. Contingency. This Contract is expressly contingent upon there being no change <br />after the expiration of the periods described in Section 6 and prior to Closing in the nature or <br />condition of or circumstances affecting the Property, including, without limitation, any change in: <br />(1) the areas determined to be located within lakes, ponds, creeks, rivers, or <br />other water areas located within any flood -hazard area, flood -prone area, or <br />100 -year flood plain; <br />(2) availability of utilities; <br />(3) access; <br />(4) governmental zoning ordinances; <br />(5) costs or charges associated with plat approval; <br />(6) restrictions and requirements affecting the ownership and development of the <br />Property; <br />(7) <br />(8) <br />the environmental condition of the Property; and <br />title to the Property. <br />If any such change occurs prior to Closing, then Purchaser may elect to either terminate this <br />Contract pursuant to Section 14, or in the event of a change specified in Section 11.a (1), Purchaser <br />may alternatively exclude the affected area from the portion of the Property purchased by Purchaser <br />and the Purchase Price shall be adjusted accordingly. <br />b. Moratorium. If any state, county, city, or governmental agency declares or effects <br />any moratorium on the approval of subdivision plats or plans, which moratorium is applicable to <br />the Property or any portion thereof, and, as a result of such moratorium, the state, county, city, or <br />any other applicable governmental agency or authority will not approve subdivision plats or plans, <br />then, in such event (1) the Inspection Period, (2) the deadline for Purchaser to send the Notice of <br />Suitability and the Notice of Governmental Approvals, and (3) the Closing Date, shall all be <br />postponed. Upon the discontinuation of any such moratorium, the Inspection Period and the <br />deadline for Purchaser to send the Notice of Suitability and the Notice of Governmental Approvals <br />shall be extended by one (1) day for each day the moratorium was in effect, and the Closing Date <br />shall occur thereafter as per the provisions of this Contract. If, however, such moratorium shall last <br />longer than one hundred eighty (180) days, Seller or Purchaser shall each have the right, but not the <br />obligation, to terminate this Contract. In the event of such termination by either Seller or <br />Purchaser, the Earnest Money shall be refunded to Purchaser. <br />c. Condemnation. In the event that between the date of this Contract and the Closing <br />Date, any eminent domain proceedings are initiated which might result in the taking of any part of <br />the Property, or if Seller receives written notice from a governmental or quasi -governmental <br />authority which states that such an action is contemplated, either Seller or Purchaser may: <br />11 <br />DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx <br />