11-13-2023 EDA - Laserfiche WebLink

Home Browse Search

Draft 11.3.2023 7 DOCSOPEN\MU205\62\913096.v4-11/5/23 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: Buyer is purchasing the property in its present condition and plans to raze any structures. 17. TIME OF ESSENCE: Time is of the essence in this Agreement. 18. CLOSING DATE AND LOCATION: Upon any required approval by the Mounds View Economic Development Authority, this Agreement for the sale of the above-described Property shall be closed on December 31, 2023, 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 additional documentation deemed necessary by either party to effectuate the transaction contemplated by this Agreement. 20. NOTICES: Any notice required or permitted to be given by any party upon the other is given in accordance with the Agreement if it is directed to the Seller by delivering it personally to the Seller; or if it is directed to the Buyer, by delivering it personally to an officer of the Buyer; or to either party if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted to either party by facsimile, copy followed by mailed notice as above required; or if deposited by either party, cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: