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DRAFT <br /> 04.15.2004 <br /> r me ies but each and eve such remed shall be cumulative and shall be in addition to <br /> e d ry y <br /> every other remedy given under this Agreement or now or hereafter existing at law or in <br /> equity or by statute. No delay or omission to exercise any right or power accruing upon any <br /> default shall impair any such right or power or shall be construed to be a waiver thereof,but <br /> any such right and power may be exercised from time to time and as often as may be <br /> deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it, it <br /> shall not be necessary to give notice, other than such notice as may be required in this <br /> Section. <br /> 17.6. No Additional Waiver Implied by One Waiver. In the event any provision or <br /> agreement contained in this Agreement should be breached by any party and thereafter <br /> waived by another party, such waiver shall be limited to the particular breach so waived and <br /> shall not be deemed to waive any other concurrent, previous or subsequent breach <br /> hereunder. <br /> 18.0. Access to Property and Inspection. Any time and from time to time prior to the Date <br /> of Closing, Developer, and person or persons selected by Developer shall be permitted access to the <br /> Property for the purpose of conducting such studies and investigations of the Property as Developer <br /> deems appropriate, which studies and investigations shall be conducted at Developer's sole expense <br /> and pursuant to any other terms and conditions of this Agreement. Developer agrees to indemnify <br /> 41f) Authority against any liability, cost or expense incurred by Authority as a result of Developer's <br /> actions, including but not limited to fines, court costs, reasonable attorneys' fees and remedial costs. <br /> Such studies may include without limitation, physically inspecting the Property and reviewing <br /> Authority's records concerning the Property which records shall be made reasonably available to <br /> Developer. <br /> 19.0. Miscellaneous. The following general provisions govern this Agreement. <br /> 19.1. Time is of the Essence. The Date of Closing is of the absolute essence. In the <br /> event this transaction does not close on the Date of Closing because the Authority is unable <br /> to perform as required by this Agreement, the Agreement shall be null and void and all <br /> Earnest Money shall be immediately refunded to Developer. In the event this transaction <br /> does not close on the Date of Closing because the Developer is unable to perform as <br /> required by this Agreement, this Agreement shall be null and void and all Earnest Money <br /> shall be delivered to the Authority as liquidated damages. <br /> 19.2. Governing Law. This Agreement is made and executed under and in all <br /> respects is to be governed and construed under the laws of the State of Minnesota. <br /> 19.3. Notices and Demands. Except as otherwise expressly provided in this <br /> Agreement, a notice, demand, or other communication under this Agreement by either party <br /> to the other shall be sufficiently given or delivered if it is dispatched by registered or <br /> 411 certified mail, postage prepaid, return receipt requested, or delivered personally to the <br /> SJR-245249v4 <br /> MU205-29 <br /> 15 <br />