CC PACKET 08222000 - Laserfiche WebLink

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12® • human health, safety, natural resources or the environment now existing or hereafter enacted. "Hazardous Substance"or"Hazardous Substances"means any pollutant,contaminant, . hazardous substance.or waste, solid waste; petroleum product; distillate, or fraction, radioactive material, chemical known to cause cancer or reproductive toxicity, polychlorinated biphenyl or any other chemical, substance or material listed or identified in or regulated by any Environmental Law. 30. LITIGATION EXPENSES: In any action brought in connection with this agreement,the prevailing party shall be entitled to recover its litigation expenses, including, but not limited to, court costs, disbursements, witness fees, experts' fees, and attorneys' fees. 31. TIME OF THE ESSENCE: Time is of the essence of this agreement. 32. LIQUIDATED DAMAGES AND SPECIFIC PERFORMANCE: If Buyer fails to perform any of the terms or conditions of this agreement within the specified time limits, Seller may, at Seller's option, declare this agreement terminated and retain the Deposit as agreed liquidated damages, or have this agreement specifically enforced. Likewise, if Seller fails to perform any of the.terms or conditions of this agreement within the specified • time limits, Buyer may declare this agreement terminated . (in which event.Seller shall refund the Deposit, without interest), or Buyer may have this agreement specifically enforced. The rights and remedies granted to the parties in this paragraph are intended to be cumulative to all other rights and remedies available to the parties (whether under this agreement, at law, in equity or otherwise); accordingly, the exercise by either party of any such right or remedy shall not preclude it from exercising any other such right or remedy. 33. COMPUTATION OF TIME: For the purpose of computing the time periods specified in this agreement, Saturdays, Sundays and legal holidays shall be counted. However, where the last day for performing any act falls on a Saturday, Sunday, or legal holiday, that act may be performed on the next succeeding day which is not a Saturday, Sunday, or legal holiday. 34. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the parties with respect to the sale and purchase of the Property. Buyer has not relied on any statements or representations by Seller except as are set forth in this agreement. 35. NON-ASSIGNABILITY: Buyer shall not in any manner assign or transfer its rights under this agreement, voluntarily or involuntarily, by operation of law or otherwise, • FORM 900.1/97.STD.00180-01.otp OFFER TO PURCHASE RAMSEY COUNTY.MN -11-