2005.09.19 EDA Packet - Laserfiche WebLink

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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. 16. 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 parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 17. Remedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement in accordance with the applicable Minnesota statutes. If Buyer fails to cure such default within the statutory cure period, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement,Buyer, as the sole remedy available to Buyer for such default by Seller, may seek specific performance of this Agreement. Seller and Buyer have executed this Agreement as of the date first written above. Date of Signature SELLER 12005 By Catherine E. Anderson Date of Signature SWANY OF HUGO,INC.,a Minnesota corporation 12005 By Catherine E. Anderson, Its: President -8-