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(c) To the best of Buyer's knowledge, Buyer is in compliance with the requirements of Executive Order No. 13224, 66 Fed. Reg. 49079 (Sept. 25, 2001)(and other similar requirements contained in the rules and regulations of the Office of Foreign Assets Control, Department of the Treasury and in any enabling legislation or other Executive Orders or regulations in respect thereof. Buyer is not on any List of terrorist or terrorist organizations or parties to which any United States person or entity is prohibited from doing business maintained by any governmental agency and available to the general public.. 9.3 Survival. The representations set forth above will survive the Closing of this transaction and Seller's delivery of the Deed to Buyer for a period of ninety (90) days after the Closing Date, and action by either party for breach of the other's representations and warranties must be commenced within such ninety (90) day period by filing an action in Anoka District Court or such right shall be deemed waived. ARTICLE 10 COMMISSIONS. Seller and Buyer each agree to pay the commissions, if any, contracted by each of them, respectively, with a third party or parties, in accordance with separate agreements between the contracting parties; provided however that Seller agrees to pay a commission to Pine Creek Associates, LLC ("Buyer's Broker") which shall not exceed five percent (5%) of the Purchase Price; but provided further that Seller reserves the right to engage its own broker, in which case the commission payable to such broker and Buyer's Broker shall not exceed eight percent (8%) of the Purchase Price which Buyer's Broker shall be entitled to one-half (four percent (4%)) of the Purchase Price. Seller and Buyer warrant and represent to each other that all claims for brokerage fees, commissions or finders' or similar fees in connection with the transactions contemplated by this Agreement, insofar as such claims are based on agreements made by either party hereto, shall be paid by the contracting party hereto and the other party hereto shall have no obligation with respect thereto. Seller and Buyer shall each indemnify and hold the other harmless from and against all liability, loss, cost, damage or expense (including but not limited to attorneys' fees and costs of litigation) which the other party suffers or incurs because of any claim by any broker, agent or finder claiming by, through or under such indemnifying party, whether or not such claim is meritorious, for any compensation with respect to the sale and purchase of the Property or the execution of this Agreement. ARTICLE 11 CONDEMNATION. If a public or private entity with the power of eminent domain commences condemnation proceedings against all of any part of the Property, Seller must immediately notify Buyer, and Buyer may, at Buyer's sole option, terminate this Agreement pursuant to Article 12. Buyer will have twenty (20) days from Buyer's receipt of Seller's notice to Buyer to exercise Buyer's termination right. If Buyer does not terminate this Agreement within said twenty (20) day period, the Parties must fully perform their obligations under this Agreement, with no reduction in the Purchase Price, and Seller must assign to Buyer, on the Closing Date, all of Seller's right, title and interest in any award made or to be made in the condemnation proceedings. Seller may not designate counsel, appear or otherwise act with respect to any such condemnation proceedings without Buyer's prior written consent unless Buyer fails to respond within seven (7) days to a request for such written consent. 84959-004\1553027_4.doc 10