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The remedies set forth in this Section 18(a) are Seller's sole and exclusive remedies in the event of Buyer's default. b, Seller's Default. If Seller defaults in the performance of any of Seller's obligations under this Agreement or if one or more of the representations of Seller in Section 12 was inaccurate when made, Buyer may: terminate this Agreement pursuant to Section 19, below, in which case the Parties must direct Title to disburse the Earnest Money to Buyer, and Seller must pay to Buyer an additional $10,000 in cash or certified funds as liquidated damages which Buyer may receive as compensation for Seller's default due to the difficulty and uncertainty of ascertaining Buyer's actual damages; ii initiate a civil action to compel Seller's specific performance of Seller's Obligations under this Agreement provided that Buyer commences such action within three (3) months of the date of Seller's default. In any such action for specific performance, Buyer may also recover Buyer's attorneys' fees and costs. The remedies set forth in this Section 18(b) are Buyer's sole and exclusive remedies in the event of Seller's default. 19. Termination of this Agreement. Sections 11, 15 and 17 of this Agreement allow Buyer to terminate this Agreement under certain conditions. Section 18(a)(i) also allows Buyer to terminate this Agreement under certain conditions, but a termination pursuant to Section 18(a)(i) is governed by Minnesota Statutes Section 559.21 and not by this Section 19. Sections 16 and 18(a)(i) of this Agreement allows Seller to terminate this Agreement under certain conditions. The following procedures govern a Party's exercise of a termination right: 2650680v4 09/13/10 a. A Party intending to terminate this Agreement pursuant to one of the above- referenced Sections (the "Terminating Party ") must notify the non - terminating Party (the "Non- Terminating Party "), in writing, of the Terminating Party's intent to terminate this Agreement. b. The Terminating Party's notice must recite the Section of this Agreement that authorizes the Terminating Party's termination of this Agreement and must describe the facts and circumstances which the Terminating Party asserts justify termination under the referenced Section. c. The Terminating Party's notice of termination will be effective as of the date the Terminating Party deposits the notice of termination with the United States Postal Service, with all necessary postage paid, for delivery to the Non- Terminating Party via certified mail, return receipt requested at the address set forth in Section 22. If the Terminating Party delivers a notice of termination in a different manner than described in the preceding sentence, the notice of termination will be effective as of the date the Non - Terminating Party actually receives the notice of termination. The Terminating Party -15-