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Draft 11.5.2023 <br /> <br />4 <br />DOCSOPEN\MU205\63\913104.v3-11/5/23 <br />and on such termination all the payments made under this Agreement shall be retained by <br />Seller as liquidated damages, time being of the essence hereof. This provision shall not <br />deprive either party of the right of enforcing the specific performance of this Agreement <br />provided this Agreement shall not be terminated as aforesaid, and provided action to enforce <br />such specific performance shall be commenced within six months after such right of action <br />shall arise. <br /> <br />11. CONTINGENCIES: This Agreement is subject to the following contingencies: <br /> <br />A. Inspection of Property. This Agreement is contingent upon an inspection and <br />approval of the Property by the Buyer at the Buyer’s expense. Such inspection must <br />be conducted within thirty (30) days of the signing and acceptance of this Agreement <br />by all parties. Seller hereby grants to Buyer, its agents and designated representatives <br />the right to enter upon the Property at reasonable times and from time to time after the <br />date of this Agreement for the purposes of inspecting the Property. <br /> <br />B. Environmental Inspection. This Agreement is contingent upon Buyer approving the <br />environmental condition of the Property not later than thirty (30) days of the signing <br />and acceptance of the Agreement by all parties, pursuant to paragraph 14 of this <br />Agreement. <br /> <br />C. General Inspection. This Agreement is contingent upon Buyer’s inspection of the <br />Property disclosing, in the Buyer’s sole discretion, no unsatisfactory conditions, not <br />later than thirty (30) days of the signing and acceptance of the Agreement by all <br />parties. Buyer and Buyer’s agents shall have a reasonable right of access to the <br />Property at reasonable times prior to closing, solely for the purpose of inspecting <br />the Property. <br /> <br />D. Sewer Inspection/Point of Sale. The Buyer shall be responsible for any sewer line <br />inspections. Buyer shall pay for the point of sale and inspection. <br /> <br />E. Approval of Board. This Agreement is contingent upon approval of this Agreement <br />by the Mounds View Economic Development Authority Board of Commissioners. <br /> <br />F. Leases. Seller to supply Buyer with a copy of all written leases and a list of any <br />outstanding verbal agreements regarding leasehold agreements and evidence that <br />such leases or agreements have been terminated. <br /> <br />G. Waiver of Relocation Assistance. Buyer’s approval of the Waiver of Relocation <br />Assistance, Services, Payments and Benefits Agreement with Seller as more fully <br />set forth in paragraph 23. <br /> <br />H. Access to Property. Access to Property via Mounds View Boulevard is authorized <br />by Ramsey County. <br /> <br />I. Rezoning of Property. The Property can be rezoned to commercial or multi-family,