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OCT O1 '93 09:26 HOLMES Z GRAVEN <br />P.6 <br />13. Miscellaneous <br />13.1 This agreement represents the complete and final agreement of <br />the parties and supersedes any prior oral or written understanding. This <br />agreement may be amended only by a writing executed by both parties. This <br />agreement shall be binding on the parties hereto, their successors and <br />assigns. <br />13.2 The Buyer and Seller represent and warrant that the recitals <br />contained herein are true and accurate. All warranties and representations <br />by Seller and Buyer shall survive the closing of this transaction. <br />13.3 All notices required hereunder shall be given by depositing in the <br />U.S. mail. postage prepaid, certified mail, return receipt requested, to the <br />following addresses (or such other addresses as either party may notify the <br />other): <br />To the Seller: <br />To the Buyer: City of Mounds View <br />Attn: Samantha Orduno <br />2401 Highway 10 <br />Mounds View, MN 55112-1499 <br />13.4 Buyer will consider tax increment financing in an amount not to <br />exceed $230, 000 for lateral water and sewer connection fee and detention pond <br />construction for the remaining parcels of land in the preliminary plat dated <br />May 14, 1987, provided by Comstock and Davis. Buyer is under no obligation <br />to provide such financing and the availability of such financing is not a <br />condition to Seller's obligations in this Agreement. <br />13.5 This contract shall be governed by the laws of the State of <br />Minnesota. <br />Ji S9171 <br />W1121-11 <br />