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Agenda - Council - 06/23/2009
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Agenda - Council - 06/23/2009
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3/18/2025 4:01:31 PM
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6/18/2009 2:13:25 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
06/23/2009
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(ii) If BUYER breaches a warranty or representation either before or after <br />closing, SELLER shall have the right to recover direct damages <br />reasonably related to such breach but not incidental or consequential <br />damages or punitive damages. SELLER shall have no right to seek <br />rescission of the conveyance. <br />b. SELLER'S Default. If SELLER defaults in the performance of any of the <br />SELLER'S obligations under this Agreement, BUYER shall have the <br />following rights: <br />(i) Except as set forth at (ii) below, if SELLER defaults in. the <br />performance of any of SELLER'S obligations under this Agreement, <br />BUYER'S sole and exclusive right shall be to seek a Cancellation of <br />Purchase Agreement. <br />(ii) If SELLER breaches a warranty or representation either before or <br />after closing, BUYER shall have the right to recover direct damages <br />reasonably related to such breach but not incidental or consequential <br />damages or punitive damages. BUYER shall have no right to seek <br />rescission of the conveyance. <br />17. NOTICES. All notices required herein shall be in writing and delivered personally <br />or mailed to the address as shown above and, if mailed, are effective as of the date of mailing. <br />18. REMOVAL OF DEBRIS. BUYER agrees to remove ALL DEBRIS and all <br />personal property not included herein from the Property by the Closing Date. <br />19. BROKERS. Each party represents that they are not obligated to any real estate or <br />business broker as a result of this transaction. Each party hereby indemnifies the other for any <br />broker's or agent's fees. <br />20. MINNESOTA LAW. This Agreement shall be governed by the laws of the State of <br />Minnesota. <br />21. MISCELLANEOUS. <br />a. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS <br />AGREEMENT. <br />22. ADDITIONAL TERMS. <br />a. If any part of this agreement or any part or any provision thereof shall be <br />adjudicated to be void or invalid, then the remaining provisions hereof not <br />specifically so adjudicated to be invalid shall be executed without reference <br />to the part or portion so adjudicated, insofar as such remaining provisions are <br />capable of execution. <br />8 <br />
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