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MERCHANTABILITY OR FITNESS OF THE PROPERTY FOR BUYER'S PLANNED USE <br />OF THE PROPERTY; (ii) THE AVAILABILITY OR EXISTENCE OF ANY WATER, <br />SEWER OR UTILITIES (PUBLIC OR PRIVATE); AND (iii) THE EXISTENCE OF ANY <br />HAZARDOUS SUBSTANCE IN, ON, OR ABOUT THE PROPERTY. BUYER <br />ACKNOWLEDGES THAT THE PROPERTY IS BEING SOLD "AS IS". THE PROVISIONS <br />OF THIS PARAGRAPH WILL SURVIVE THE CLOSING HEREUNDER. <br />20. SELLER CONTINGENCY. SELLER is a Municipal Corporation and Charter <br />City under the laws of the State of Minnesota. A requirement of SELLER City's Charter is the <br />adoption of a Sale Ordinance permitting SELLER to sell the Property. The Sale Ordinance for <br />the Property will not be effective until May 13, 2013. Therefore in the event the Sale Ordinance <br />is not effective by May 13, 2013 this Agreement will be null and void and the Earnest Money <br />shall be refunded to BUYER. <br />21. MISCELLANEOUS. <br />a. Time of Essence. Time is of the essence for all provisions of this <br />Agreement. <br />b. Survival of Terms. The Parties' obligations under this Agreement and <br />the representations and warranties which the Parties have recited in this <br />Agreement will survive SELLER's delivery of a deed to BUYER and the <br />closing of this transaction. <br />c. Notices. All notices provided for in this Agreement must be in writing. <br />The notice will be effective as of the date two (2) days after the Party <br />sending such notice deposits the notice with the United States Postal <br />Service with all necessary postage paid, for delivery to the other Party via <br />certified mail, return receipt requested, at the address set forth in Section 1 <br />above. If Party delivers a notice provided for in this Agreement in a <br />different manner than described in the preceding sentence, notice will be <br />effective as of the date the other party actually receives the notice. The <br />Party sending the notice must also mail a copy of the notice to the Parties' <br />respective attorneys via certified mail, return receipt requested at the <br />addresses set forth below: <br />Attorney for SELLER: <br />BUYER: <br />William K. Goodrich <br />Randall, Goodrich & Haag, P.L.C. <br />2140 Fourth Avenue North <br />Anoka, MN 55303 <br />Telephone No: (763) 421-5424 <br />E-mail: baood@anokalaw.com <br />DGI Holdings, LLC <br />Attn: David L. Milne <br />President <br />14350 Azurite Street NW <br />Ramsey, MN 55303 <br />Telephone: (763) <br />9885655v2 9 <br />