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x.19.10 Draft <br /> 9.4 Proceedings. There is no action, litigation, investigation, condemnation or <br /> proceeding of any kind pending or threatened against Seller or any portion of the <br /> Property. <br /> 9.5 Wells. "Che Seller certifies and warrants that the Seller does not know of any <br /> "Wells" on the Land within the meaning of Minn. Stat. § 1031. "Chis <br /> representation is intended to satisfy the requirements of that statute. <br /> 9.6 Sewage Treatment System Disclosure. For the purposes of satisfying any <br /> applicable requirements of Minn. Stat. § 115.55, Seller discloses and certifies <br /> that: <br /> a) Seller has no knowledge of the existence of an abandoned individual <br /> sewage treatment system on the Land. <br /> Except as herein expressly stated, Buyer is purchasing the Property based upon its own <br /> investigation and inquiry and is not relying on any representation of Seller or other person and is <br /> agreeing to accept and purchase the Property "as is, where is" subject to the conditions of <br /> examination herein set forth and the express warranties herein contained. <br /> 10. Casualty; Condemnation. If all or any part of the Real Property is <br /> substantially damaged by fire, casualty, the elements or any other cause, Seller shall immediately <br /> give notice to Buyer, and Buyer shall have the right to terminate this Agreement by giving notice <br /> within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall <br /> proceed to Closing, and Seller shall assign to Buyer all rights to insurance proceeds, up to the <br /> Purchase Price, resulting from such event and shall pay to Buyer the amount of any deductible or <br /> co-insurance. If eminent domain proceedings are threatened or commenced against all or any <br /> part of the Real Property, Seller shall immediately give notice to Buyer, and Buyer shall have the <br /> right to terminate this Agreement by giving notice within 30 days after Seller's notice. If Buyer <br /> shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to <br /> Buyer all rights to appear in and receive any award from such proceedings. <br /> 11. Broker's Commission. Seller and Buyer represent to each other that they <br /> have dealt with no other brokers, finders or the like in connection with this transaction, and agree <br /> to 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 /> 12. Assignment. Seller may assign its rights under this Agreement before or <br /> after the Closing. Buyer may only assign its rights under this Agreement upon written consent <br /> from Seller, which consent may be withheld in Seller's sole and absolute discretion. Any such <br /> assignment will not relieve such assigning party of its obligations under this Agreement. <br /> 13. Survival. All of the terms of this Agreement and warranties and <br /> representations herein contained shall survive and be enforceable after the Closing. <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 /> -5- <br />