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express warranties herein contained. Consummation of this Agreement by Buyer with <br /> knowledge of any such breach by Seller will not constitute a waiver or release by Buyer of any <br /> claims due to such breach. <br /> 9. Casualty. If all or any part of the Property is substantially damaged by <br /> fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and <br /> Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by <br /> giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the <br /> parties shall proceed to Closing, and Seller shall assign to Buyer all rights to insurance proceeds <br /> resulting from such event and shall pay to Buyer the amount of any deductible or co-insurance. <br /> 10. Broker's Commission. Seller and Buyer represent to each other that they <br /> have dealt with no brokers, finders or the like in connection with this transaction, and agree to <br /> indemnify and hold each other harmless from all claims, damages, costs or expenses of or for <br /> any other such fees or commissions resulting from their actions or agreements regarding the <br /> execution or performance of this Agreement, and will pay all costs of defending any action or <br /> lawsuit brought to recover any such fees or commissions incurred by the other party, including <br /> reasonable attorneys' fees. <br /> 11. Assignment. Neither party may assign its rights under this Agreement <br /> before or after the Closing. <br /> 12. Survival. All of the terms of this Agreement and warranties and <br /> representations herein contained shall survive and be enforceable after the Closing. <br /> 13. Relocation Benefits. Seller hereby voluntarily waives any and all <br /> relocation assistance, services,payments and benefits pursuant to Minn. Stat. § 117.521 pursuant <br /> to the Waiver of Relocation Benefits attached hereto as Exhibit B. <br /> 14. Notices. Any notice required or permitted hereunder shall be in writing <br /> and given by personal delivery upon an authorized representative of a party hereto; or if mailed <br /> by United States registered or certified mail, return receipt requested, postage prepaid; or if <br /> deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed <br /> as follows: <br /> If to Seller: CHARLES J.AND MARK S.NOSIE <br /> 31 Maryknoll Drive <br /> Stillwater, MN 55082 <br /> With Copy to: <br /> If to Buyer: THE CITY OF HUGO <br /> 14669 Fitzgerald Avenue North <br /> Hugo, MN 55038 <br /> Attn: Mike Ericson <br /> -7- <br />