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7 <br />4839-8767-9929\3 <br />Bremer or HRA in connection with Closing will be paid as provided in this Agreement or <br />in accordance with local custom if not so provided herein. <br />16. As Is Purchase. Except for the representations set forth in Section 12 above, Bremer Parcel <br />is being sold to HRA, and the HRA Parcel is being sold to Bremer, in their respective “AS <br />IS, WITH ALL FAULTS” condition, without representations or warranties by either party. <br />17. Default and Remedies. In the event of a default hereunder by either party which is not <br />cured within 10 days after written notice from the non-defaulting party that such default <br />exists, the non-defaulting party may (i) terminate this Agreement or (ii) seek equitable <br />relief by way of specific performance to enforce performance of the terms of this <br />Agreement, provided that an action for specific performance must be commenced within <br />120 days after such right arises. The foregoing remedies shall be the only remedies <br />available to the parties upon a default hereunder. <br />18. Assignment. Neither party shall assign this Agreement without the prior written consent <br />of the other party, which consent shall not be unreasonably withheld, conditioned or <br />delayed. <br />19. Real Estate Brokers. The parties represent and warrant that they have not engaged any <br />real estate broker in connection with the transactions contemplated by this Agreement. <br />Bremer and HRA agree to indemnify and hold the other harmless from anyone claiming a <br />real estate commission/fee through them. The provisions of this Section 19 will survive the <br />Closing. <br />20. Entire Agreement. This Agreement (including all exhibits hereto) contains the entire <br />agreement of the parties and supersedes all prior discussions, negotiations and agreements <br />with respect to the subject matter hereof. This Agreement may not be changed orally but <br />only by an agreement in writing signed by the party against whom enforcement of any <br />waiver, change, modification, extension or discharge is sought. <br />21. Notices. Notices hereunder shall be deemed properly delivered when and if either (i) <br />personally delivered; or (ii) one (1) business day after deposit with Federal Express or other <br />commercial overnight courier; or (iii) three (3) business days after deposit in the U.S. Mail, <br />by registered or certified mail, return receipt requested, postage prepaid, to the Parties as <br />set forth below: <br />Bremer’s Address: Bremer Bank, National Association <br />380 St. Peter Street, Suite 500 <br />St. Paul, MN 55102 <br />Attn: Jon C. Fahning, Sr. VP, Director of <br />Corporate Real Estate <br />Telephone: 651-312-3553 <br />Email: jcfahning@bremer.com <br />With a copy to: Bremer Bank, National Association <br />8555 Eagle Point Blvd. <br />Lake Elmo, MN 55042