2006.04.17 EDA Packet - Laserfiche WebLink

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indemnify and hold each other harmless from all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 11. Assignment. Neither party may assign its rights under this Agreement before or after the Closing. 12. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 13. Relocation Benefits. Seller hereby voluntarily waives any and all relocation assistance, services, payments and benefits pursuant to Minn. Stat. § 117.521 pursuant to the Waiver of Relocation Benefits attached hereto as Exhibit B. 14. Notices. Any notice required or permitted hereunder shall be in writing and given by personal delivery upon an authorized representative of a party hereto; or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: CHARLES J.AND MARK S.NOSIE 31 Maryknoll Drive Stillwater, MN 55082 With Copy to: If to Buyer: THE CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Attn: Mike Ericson With Copy to: ECKBERG LAW FIRM 1835 Northwestern Avenue Stillwater, MN 55082 Attn: Balers C. Heeren Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of such change. 15. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the -7-