2020.12.07 CC Packet - Laserfiche WebLink

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13 25. Destruction of the Real Property. In the event any structure on the Real Property is destroyed or substantially damaged by fire or other cause before the date of Closing, Seller agrees to clean up all debris and remove the remaining structure(s). If the damage allows continued use of any structure, the Seller must secure the structure from any hazardous conditions. 26. Condemnation. In the event any condemnation or eminent domain proceeding is threatened or commenced against the Seller or the Real Property, Seller shall provide written notice to Buyer within five (5) days from the date such proceeding is commenced or threatened. Seller shall provide Buyer with all documentation received by Seller in connection with any such proceeding. Notwithstanding anything else in this Agreement to the contrary, Buyer shall have the right to terminate this Agreement by written notice to Seller within thirty (30) days from Buyer’s receipt of written notice from Seller, in which event the Earnest Money shall be promptly refunded to Buyer. Buyer shall also have the right to proceed with the closing on the acquisition of the Property in which case all of the damages, awards, and other payments relating to the condemnation shall be assigned to Buyer. 27. Amendment, Modification and Waiver. No amendment, modification, or waiver of any condition, provision, or term shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or a duly authorized representative, and specifying with particularity the extent and nature of such amendment, modification, or waiver. Any waiver by any party of any default of another party shall not affect or impair any right arising from any subsequent default. 28. Captions, Headings or Titles. All captions, headings, or titles in the paragraphs or section of this Purchase Agreement are inserted for convenience of reference only and shall not constitute a part of this Purchase Agreement as a limitation of the scope of the particular paragraphs or sections to which they apply. 29. Reference to Gender. Where appropriate, the feminine gender may be read as the masculine gender or the neuter gender, the masculine gender may be read as the feminine gender or the neuter gender, and the neuter gender may be read as the masculine gender or the feminine gender. 30. Recording of Agreement. Buyer and Seller agree to execute and record a memorandum of this Agreement, or to record this Agreement, in the office of the Washington County Recorder or Registrar of Titles. 31. Minnesota Law. This Purchase Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. Any litigation shall be exclusively venued in the Washington County District Court, Stillwater, Minnesota. 32. Breach Not Severable: A failure to comply with any condition herein including failure to satisfy any condition required as to any foregoing listed phase shall, pending the cure of such failure, preclude exercise of any right to acquire or develop any subsequent phase.