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Section 10. Miscellaneous. <br />10.1. Notice. Any notice must be in writing, and will be deemed delivered if delivered <br />personally or when deposited in the United States Mail, postage pre -paid at the following <br />addresses (or such other address as may be designated in writing): <br />a) If to Seller: Jeffrey Malmgren and Kerri Ramsey Malmgren <br />C17 q �a.+•r view Q ve.. _5- <br />5-r • I , Yh vt 5511 (o <br />b) If to Buyer: City of Mounds View <br />Attn: Nyle Zikmund <br />2401 Mounds View Boulevard <br />Mounds View, MN 55112 <br />with a copy to: Scott J. Riggs <br />Kennedy & Graven, Chartered <br />150 South Fifth Street, Suite 700 <br />Minneapolis, MN 55402 <br />10.2. Right of Entry. The Buyer shall be entitled to enter upon the Property for <br />inspection, soil tests, and examination; provided that the Buyer will restore any disturbance to <br />the Property and will hold Seller harmless from and against all damages and liability caused by <br />the Buyer's actions. <br />10.3. Memorandum of Option. At the request of either party, the parties hereto shall <br />execute a Memorandum of Option in recordable form memorializing this Option Agreement. <br />10.4. Runs with the Land. The terms, covenants, indemnities and conditions of this <br />Agreement shall be binding upon and inure to the benefit of the successors and assigns of the <br />respective parties hereto. Time is of the essence of this Option Agreement. <br />10.5. Assignment. The Buyer shall have the right to assign its rights under this Option <br />Agreement. <br />10.6. No Waiver. Nothing herein shall be construed as, or deemed to be a waiver of, <br />the right of the Buyer at any time to exercise its powers of eminent domain with respect to the <br />Property. <br />10.7. Entire Agreement. This Option Agreement represents the entire agreement and <br />understanding between the parties concerning the subject matter hereof and supersedes all prior <br />agreements, whether written or oral. <br />8 <br />DOCSOPENNU2 1 0\329\1 036056.v2-7/9/25 <br />