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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 rights shall be to receive a return of the <br />Earnest Money and to seek a Cancellation of 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 />16. REMOVAL OF DEBRIS. SELLER agrees to remove ALL DEBRIS and all <br />personal property not included herein from the Property by the Closing Date. <br />17. CONTINGENCY. BUYER's funds for the Purchase Price are from a Metropolitan <br />Council RALF loan. Final approval for the loan from the Metropolitan Council has not been <br />received by BUYER as of the date of this Agreement. Therefore, this Agreement is contingent <br />upon BUYER'S receipt, prior to the Closing Date of final approval from the Metropolitan Council <br />that it will loan to BUYER the Purchase Price funds. In the event said approval is not granted on or <br />before the Closing Date, this Agreement will be nail and void, notwithstanding anything herein to <br />the contrary and the Earnest Money paid herein will be refunded to BUYER. <br />18. NOTICES. All notices required herein shall be in writing and .delivered personally <br />or mailed or sent by a nationally recognized deliveryservice to the address as shownabove and, if <br />mailed or sent by a. nationally recognized delivery service, are effective as of the date of mailing. <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 />.~ <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 />9 <br />