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12/10/13
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12/10/13
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7/18/2025 11:28:12 AM
Creation date
1/13/2014 12:18:54 PM
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Meetings
Meeting Document Type
Agenda
Document Title
Housing & Redevelopment Authority
Document Date
12/10/2013
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12. Covenants: All of the covenants, warranties, representations and agreements in this <br />Contract will survive closing and extend to and be binding upon the heirs, executors, <br />administrators, successors and assigns of the respective parties for a period of 1 year after the <br />date of final execution of this Contract. It is understood that there are no oral or written <br />agreements or representations between Seller and Purchaser affecting this Contract; and this <br />Contract supersedes and cancels any and all previous negotiations, arrangements, <br />representations and understandings, if any, between the parties. This Contract may be <br />modified or altered only by an agreement in writing between the parties; and no act or omission <br />of any employee or agent of the parties or any broker, if any, will alter, change or modify any of <br />the provisions of this Contract. <br />13. No Waiver: No waiver by either party of any term, covenant or condition ("Provision") <br />under this Contract by the other party will be effective or binding upon such party unless given in <br />the form of a written instrument signed by such party, and no such waiver will be implied from <br />any omission by such party to take action with respect to such Provision. No express written <br />waiver of any Provision will affect any other Provision or cover any period of time other than the <br />Provision and/or period of time specified in such express waiver. One or more written waiver(s) <br />of any Provision will not be deemed to be a waiver of any subsequent Provision. <br />14. Authority to Sign: No employee or agent of Purchaser (other than an authorized <br />signatory) has authority to execute this Contract or make any other warranty, representation, <br />agreement or undertaking. The parties' submission of this document for examination and <br />negotiation does not constitute an offer to purchase or a reservation of or option for the <br />Premises and this document will become effective and binding only upon final execution and <br />delivery by Seller and an authorized signatory of Purchaser. The parties executing this Contract <br />on behalf of Seller and Purchaser represent that they have authority and power to sign this <br />Contract on behalf of Seller and Purchaser. No act or omission of any employee or agent of the <br />parties or any broker will alter, change or modify any provisions of this Contract. <br />15. Anti -Terrorism Representation and Warranty: Seller and Purchaser each represent <br />and warrant that neither they nor the officers and directors controlling Seller and Purchaser, <br />respectively, are acting, directly or indirectly, for or on behalf of any person, group, entity or <br />nation named by the United States Treasury Department as a Specially Designated National <br />and Blocked Person, or for or on behalf of any person, group, entity or nation designated in <br />Presidential Executive Order 13224 as a person who commits, threatens to commit or supports <br />terrorism; and that they are not engaged in this transaction directly or indirectly on behalf of, or <br />facilitating this transaction directly or indirectly on behalf of, any such person, group, entity or <br />nation. Each party agrees that in the event of a breach of this provision or any applicable law <br />relating to the subject of this provision, the non -breaching party may take such action as may be <br />necessary in order to comply with this provision and/or the applicable law, including, but not <br />limited to, terminating this Contract. <br />16. Right of Re -Entry: The deed described in Article 3 of this Contract will contain a <br />reservation of a right of re-entry, which right of re-entry will be superior to any mortgage on the <br />Premises, for breach of conditions subsequent in favor of Seller pursuant to which Seller may <br />commence an action in Anoka County District Court seeking an order re -vesting title to the <br />Premises in Seller if (i) Purchaser does not commence construction of the improvements on the <br />Document #: 1118064-v6 <br />- 10 - <br />
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