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1®6 without the advance written consent of Seller. Any attempted or purported assignment or • transfer by Buyer without such consent shall be void. Subject thereto,this agreement shall inure to the benefit of, and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties. 36. SURVIVAL OF TERMS AND CONDITIONS: The terms and conditions of this agreement shall survive and be in full force and effect after the delivery of the deed, and shall not be deemed to have merged therein. 37. SURVIVAL OF INDEMNIFICATION, LITIGATION EXPENSE AND CONFIDENTIALITY PROVISIONS: The indemnification, litigation expense, and confidentiality provisions of this agreement shall survive its termination. 38. APPLICABLE LAW: This agreement shall be governed by, and construed in accordance with, the laws of the State in which the Land is located. 39. SEVERABILITY: Each provision, paragraph, sentence, clause, phrase, and word of this agreement shall apply to the extent permitted by applicable law and is intended to be severable. If any provision, paragraph, sentence, clause, phrase or word of this agreement is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the legality or validity of the remainder of the agreement. • 40. RAIL SERVICE• NO OBLIGATION: Nothing 9 in this agreement is intended to create, nor shall it be construed to create, any express or implied obligation on the part of Seller to provide (or continue to provide) rail service to Buyer and/or the Property. Nothing in this agreement is intended to prevent or limit, nor shall it be construed to prevent or limit, the discontinuance, by Seller, of rail service over any railroad line or trackage by which rail service is or may be provided to Buyer and/or the Property. 41. WELL AND SEWAGE TREATMENT SYSTEM DISCLOSURES: Seller certifies that to the best of Seller's knowledge there are no wells on the Property. Seller states that to the best of Seller's knowledge there is no individual sewage treatment system, as defined in Chapter 115.55 of the Minnesota Statutes, on or serving the Property. 42. [not applicable] 43. HEADINGS: The paragraph headings used in this agreement are used solely for the purpose of convenience. They are not intended to, and do not, modify or limit the wording of the paragraphs to which they are appended,.and they shall not be used or construed as guides to the interpretation of said paragraphs. • FORM 900.1/97.STD.00180-01.otp OFFER TO PURCHASE RAMSEY COUNTY.MN -12-