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Agenda - Council - 11/13/2001
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Agenda - Council - 11/13/2001
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3/25/2025 12:29:48 PM
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9/4/2003 3:40:24 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
11/13/2001
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A_ny parr/may change its address by delivering a writ-ten change of address to ali of the other parties in <br />the manner set forr. h in th_is Section. <br /> <br />14. MISCELLANEOUS. <br /> <br />(a) Time of Essence. Time is of the essence of this Agreement. <br /> <br />Co) <br /> <br />Controllina Law. This Agreement shall be governed by and interpreted in accordance <br />with the laws of the State of Nfinnesota. <br /> <br />(c) <br /> <br />Modification. This Ageement cannot be altered, amended, changed, waived, <br />terminated or modified in any respect or particular unless the same shall be in writing and <br />signed by or on behalf of the parties hereto. Waivers of any. term or condition of tiffs <br />Agreement must be in writing signed by the party against whom such waiver is sought to <br />be enforced. This A~eement contains the entire understanding between SELLER and <br />Brc%~ER with respect to the transaction contemplated and any and all prior agreements, <br />whether oral, written, express or implied, are superseded hereby and merged herein. <br /> <br />(d) <br /> <br />Counterpart Execution. Th_is Agreement may be executed in two or more counterparts, <br />each of which shall be deemed to be an original, and all of which together shall constitute <br />one and the same instrument. <br /> <br />(e) <br /> <br />Bindina Effect. TNs A~eement binds and benefits the parties and their successors and <br />assigns. <br /> <br />Remedies. If B[sWER defaults under this Agreement, SELLER shall have the fight to <br />terminate this Agreement by giving wr/tten notice to BUYER. The termination of the <br />Agreement will be the sole remedy available to the SEIJ,ER for such default by <br />BUYER, and BUYER will not be liable for damages or specific performance. If <br />SELLER defaults under th/s Agreement, this provision does not preclude BOWER from <br />see,king and recovering from SELLER damages for nonperformance or specific <br />performance of this Agreement. <br /> <br />Withdrawal of Offer. TNs Agreement shall be deemed to be withdrawn unless <br />accepted by SELLER and a fullY executed counterpart of th/s Agreement returned to <br />BUYER on or before November 30, 2001. <br /> <br />-204- <br /> <br />I <br />I <br />! <br />I <br /> <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />i <br />I <br />I <br />I <br /> I <br /> <br /> <br />
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