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Section 10. Miscellaneous. 10.1. Notice. Any notice must be in writing, and will be deemed delivered if delivered personally or when deposited in the United States Mail, postage pre-paid at the following addresses (or such other address as may be designated in writing): a) If to Seller: Jeffrey Malmgren and Kerri Ramsey Malmgren b) If to Buyer: City of Mounds View Attn: Nyle Zikmund 2401 Mounds View Boulevard Mounds View, MN 55112 with a copy to: Scott J. Riggs Kennedy& Graven, Chartered 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 10.2. Right of Enta. The Buyer shall be entitled to enter upon the Property for inspection, soil tests, and examination; provided that the Buyer will restore any disturbance to the Property and will hold Seller harmless from and against all damages and liability caused by the Buyer's actions. 10.3. Memorandum of Option. At the request of either party, the parties hereto shall execute a Memorandum of Option in recordable form memorializing this Option Agreement. 10.4. Runs with the Land. The terms, covenants, indemnities and conditions of this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. Time is of the essence of this Option Agreement. 10.5. Assi_ng ment. The Buyer shall have the right to assign its rights under this Option Agreement. 10.6. No Waiver. Nothing herein shall be construed as, or deemed to be a waiver of, the right of the Buyer at any time to exercise its powers of eminent domain with respect to the Property. 10.7. Entire Agreement. This Option Agreement represents the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements,whether written or oral. 8 DOC SOPEN\MU210\329\1036056.v2-7/9/25