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FILE N��. 860 09�18 '97 16�52 ID�TOLD DEVELOP�ENT 612 420 7574 PAGE 8 �revailing or non-defaulting party's �e2�sonable actorneys' fees and othcr reasonable c�s�s in connection therewith. • �� . : ► �Iil.►� 9.1 Wherever in this Agreement it shall be required t.hat notice or demand be given by either parey co this Agreem�nt to or on the oCher, such nocice or demand shall not be deemed given or scrved unless in writing and forwarded by r�gistered or certified mail, postage prepaid or by confirmed f.acsimil� transmission, addressed as follows: (Thc date of transmission of the facsimite or the date deposited in the U,S. mail or with an expedited delivery carricr, shall be deemed t�he date of notice. Any date of performancc falling on a Saturday, Sunday or holiday shall bc deem�d to o�cur on Che first non- holiday weekday, next occurring.) To Seller at: Dir�ctar of Economic Derreiopment CiCy of Mounds View 2401 I�lighway 10 Muunds View, MN 55112 Attn: Cakherine Capone Bennett rax No. To Buyer at: Meridian Properties Real Estate Development L.p. c/o TOLD Dcvelopment Company 690d Wedgwooc! Road, SuiCe 100 Maple Grove, MN 55311 Fax No.: (612}420-7574 9.2 Risk of loss Shall remain with Seller untii the ddte of Closing. Seller shall promptly notify Buyer if the Property is substantially damaged by any casualty or rf condemnaticm prdceedings are commenced with respect to any part of the Property. (f cithcr of th� events described abov� occurs prior to the Closing Date, Bu�er may, at its option, terminate this Purchase Agreement by wricten notice given to Seller within ten (l0) days aftcr receipt of noticc from S�llcr hereundcr, If khis Purchasc Agreement is not so terminated, Buyer shall be �blig�ted lo close and shall thereafter be enti�led to receive and retain all insurance proceeds or condemnation awards attributable to the event in question. 9,3 Except as expreasl.y Provided to the e�ntrary herein, Seller agrccs to indemnify, defend and hold Buyer harmles4 from and against any claim, loss, damage or expenses, includin� reasonable attorneys' fees, reiating to the Property, caused by any accion or failure co act of Seller and arising or accruing ptior to Closing. 9.4 Seller shall �ay the �ntirc amount of any brokerage commission, finder's fee oc other selling commission in connection with the sale of the Property, and Seller shall indemnify and hold Buyer harmless from any claim or (oss, including reasonable attorneys' fees, incurred in connection with any such fee or cc�mmission. Buyer repres�nts khat no brokec was involved in this transaclian on behalf of Buyer. -7-