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NOW, THEREFORE, in consideration of the parties’ mutual promises set forth in this Contribution Agreement, the parties agree as follows: 1. Definitions. The definitions set forth in Minn. Stat. 327C.01 are expressly incorporated into this Agreement for any term used herein that is defined in that statute. 2. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 3. Closure of Park. The Parties agree and acknowledge that the Owner has stated it will close the Park March 15, 2017 and that the Owner is, therefore, requiring manufactured home owners in the Park to relocate, which triggers potential payments to owners of manufactured homes in the Park under Minn. Stat. §327.095 (“Trust Payment”). The Owner waives any claim or defense that a manufactured home owner was not required to relocate and therefore is not entitled to a Trust Payment if the Park is not closed for any reason, including without limitation, a final ruling in the Court case AEON v. Lowry Grove Partnership, LLP, Court File No. 27-CV-16-9809 (the “Litigation”) that prevents Owner from closing the Park. 4. Payment to Trust Fund. The Owner agrees and confirms that when the Trust Fund makes a Trust Payment, Owner is required to make payment to the Trust Fund in the amounts and on the timelines stated in Minn. Stat. § 327C.095, Subd. 12 (the “Reimbursement Payment”). Owner further confirms that it is required to and will pay the Reimbursement Payment in the event that after the Trust Payment is made the Park is not closed for any reason, including without limitation, a final ruling in the Litigation that prevents the Owner from closing the Park. 5. Termination. In the event that the Owner determines that the Park will not be closed and that no further relocation of manufactured home owners is necessary, the Owner shall promptly notify the City and MFHA in writing. Once notice is sent as set forth in Section 9 (“Termination Date”), no further Trust Payments shall be due. If a notice is sent under this Section 5, Owner agrees to make Reimbursement Payments for any Trust Payment made on or before the Termination Date. 6. Closure Hearing. The City agrees to reconvene the Closure Hearing at the earliest opportunity consistent with the City Ordinance and Minn. Stat. § 327C.095, at which time the City will fully and diligently conduct a public hearing in compliance with Minn. Stat. § 327C.095, subd. 4 to closure. 7. No Admissions or Waiver. This Agreement shall be construed and is not (i) an admission of wrong doing by any Party, (b) a finding by a Party that the other has acted in accordance with State law or City ordinances, or (c) a waiver, release, or discharge of any claim or defense that any Party may have that the other has not met a statutory obligation. 56