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this transaction and Seller's delivery of the Limited Warranty Deed to Buyer, but any action by Seller alleging (i) that one or more of the representations set forth in Section 12(a) was inaccurate, when made; or (ii) that Buyer failed to promptly notify Seller after Buyer acquired actual knowledge that a representation set forth in Section 12(a) was no longer accurate in some material respect; must be commenced within six (6) months after the Date of Closing by filing an action in Anoka County District Court or Seller will be deemed to have waived any such claims. b. Covenants of Buyer. i Seller has advised Buyer that Seller has been working with the City and intends to continue to work with the City after Closing on the City's adoption of an Ordinance establishing a Special Service District pursuant to Minnesota Statutes Sections 428A.01 through 428A.101, as the same may be amended, or, in the alternative, the establishment of a similar service district pursuant to future special legislation (either a "Service District"). The Service District, if established, will include all or some portion of the property described on Exhibit B but will not include other property without Buyer's consent. Buyer agrees that, at the request of Seller, Buyer will cooperate with and assist Seller and the City in the establishment of a Service District. Buyer's obligation to cooperate and assist includes, but is not limited to, an obligation to join in a petition requesting a public hearing on the creation of a Service District pursuant to Minnesota Statues Section 428A.08, if Buyer is eligible to join in such a petition. Buyer further agrees that Buyer will not file or join in the filing of an objection pursuant to Minnesota Statues Section 428A.02, Sub. 4 or Section 428A.09 and will not appeal to the District Court pursuant to Minnesota Statues Section 428A.02, Subd. 5. Buyer's obligations under this Section 12(b)(i) survive the closing of the transaction contemplated by this Agreement and are binding on any person or entity obtaining any right, title or interest in the Property subject to the Agreement by or through Buyer. Seller may transfer it rights under this Section 12(b)(i) to the City. ii Buyer agrees to indemnify and defend Seller from and hold harmless against any and all claims, causes of action or expenses, including reasonable attorney's fees, relating to or arising from Buyer's or Buyer's employees, agents or contractors presence on the Land prior to the actual date of Closing. Buyer agrees that if Buyer does not acquire title to the Land from Seller pursuant to the terms of this Agreement, Buyer must repair any damage to the Land caused by Buyer or Buyer's employees, agents or contractors and to return the Land to substantially the same condition that existed prior to Buyer's or Buyer's employees, agents or contractors entrance onto the Land. C-9 4937063v3