Agenda Packets - 1997/12/08 - Laserfiche WebLink

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DRAFT #1 • as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Section. 17.6. No Additional Waiver Implied by One Waiver. In the event any provision or agreement contained in this Agreement should be breached by any party and thereafter waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 18.0. Access to Property and Inspection. Any time and from time to time prior to the Date of Closing, Developer, and person or persons selected by Developer shall be permitted access to the Property for the purpose of conducting such studies and investigations of the Property as Developer deems appropriate, which studies and investigations shall be conducted at Developer's sole expense and pursuant to any other terms and conditions of this Agreement. Developer agrees to indemnify Authority against any liability, cost or expense incurred by Authority as a result of Developer's actions, including but not limited to fines, court costs, reasonable attorneys' fees and remedial costs. Such studies may include without limitation, physically inspecting the Property and reviewing Authority's records concerning the Property which records shall be made reasonably available to Developer. 19.0. Miscellaneous. The following general provisionsgovern this • Agreement. 19.1. Time is of the Essence. The Date of Closing is of the absolute essence. In the event this transaction does not close on the Date of Closing because the Authority is unable to perform as required by this Agreement, the Agreement shall be null and void and all Earnest Money shall be immediately refunded to Developer. In the event this transaction does not close on the Date of Closing because the Developer is unable to perform as required by this Agreement, this Agreement shall be null and void and all Earnest Money shall be delivered to the Authority as liquidated damages. 19.2. Governing Law. This Agreement is made and executed under and in all respects is to be governed and construed under the laws of the State of Minnesota. 19.3. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the parties as follows: Authority: The Mounds View Economic Development Authority • 2401 Highway 10 Mounds View, MN 55112-1499 SJR133725 MU205-9 13