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on the Property, terminate this Agreement. If remediation is undertaken but not completed prior to the date of closing, the Buyer may at its option (i) declare this Agreement null and void or (ii) proceed to closing and execute an agreement for remediation/indemnification and security (Remediation and Indemnification Agreement) as the Buyer may require. D. Seller hereby warrants to Buyer that during the time the Seller has owned the Property there have been no acts or occurrences upon the Property that have caused or could cause impurities in the subsoil or ground water of the Property or other adjacent properties. This warranty shall survive the closing of this transaction. E. Seller agrees to indemnify and hold harmless Buyer from any and all claims, causes of action, damages, losses, or costs (including reasonable attorney's fees) relating to impurities in the subsoil or groundwater of the Property or other adjacent properties which arise from or are caused by acts or occurrences upon the Property prior to Buyer taking possession of the same. This indemnity shall survive the closing of this transaction. 15. SURVIVAL OF REPRESENTATIONS AND WARRANTIES/NO MERGER: All of the representations, warranties, covenants and agreements of the parties hereto contained in this Agreement shall survive the closing of the transaction contemplated herein and the delivery of any documents provided for herein and shall not be merged into any other agreement. 16. RISK OF LOSS: If there is any loss or damage to the Properly between the date hereof and the date of closing, for any reason including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the Property is destroyed or substantially damaged before the closing date, this Agreement shall become null and void, at the Buyer's option, and earnest money shall be returned to Buyer. If such an event occurs, Buyer and Seller agree to sign a Cancellation of Purchase Agreement within a reasonable time after such event takes place. 17. TIME OF ESSENCE: Time is of the essence in this Agreement. 18. CLOSING DATE AND LOCATION: Upon any required approval by the City of Mounds View City Council, this Agreement for the sale of the above described Property shall be closed on September 30, 2013, or upon such other date agreed upon by the parties. The delivery of all papers and monies shall be made at the offices of the City of Mounds View/Mounds View City Hall and/or at the offices of a closer at the choosing of the City of Mounds View. If the closing date is changed, any and all costs, if prorated, shall be adjusted to the new closing date. 19. ADDITIONAL DOCUMENTS: Buyer and Seller agree to cooperate with each other and their representatives regarding any reasonable requests made subsequent to the execution of this Agreement to correct any clerical errors in this Agreement and to provide any and all 7 4305620 SJR MU20544