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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 />Premises (the "Purchaser's Improvements") within 720 days after the date of the deed; or (ii) <br />Purchaser does not substantially complete the construction of Purchaser's Improvements within <br />1080 days after the date of the deed. For purposes of this right of re-entry, Purchaser will be <br />deemed to have commenced construction when Purchaser has (a) obtained building permits for <br />the construction of Purchaser Improvements; and (b) caused material or labor to be furnished to <br />the Premises in a manner and to an extent sufficient that a mechanic's lien for such work would <br />attach and take effect pursuant to Minn. Stat. §514.05, and Purchaser will be deemed to have <br />substantially completed construction of Purchaser Improvements when Purchaser opens for <br />business on the Premises. Seller may redeem the Premises from foreclosure, as an owner, <br />within the time allowed by law. The provisions of this Article 16 will survive closing. <br />17. Section Headings: Article and section headings used in this Contract are for reference <br />and identification only and are not intended to in any way limit or amplify the terms and <br />provisions of this Contract. <br />18. Assignment: Purchaser will not have the right to assign this Contract or any interest <br />herein without the express written consent of Seller, which consent will not be unreasonably <br />withheld, conditioned or delayed, and in the event Seller consents to such assignment, <br />Purchaser will remain liable for, and the assignee will assume, all obligations of Purchaser <br />hereunder. Notwithstanding the foregoing, Purchaser may, without the consent of Seller, assign <br />this Contract or its rights under this Contract to any affiliate, subsidiary or parent corporation <br />thereof. <br />19. Governing Law. This Contract will be governed by and construed in accordance with <br />the laws of the State in which the Premises is located. This Contract will be enforced in any <br />state or federal court with proper jurisdiction located in the State of Minnesota. <br />20. Counterparts: This Contract may be executed in multiple counterparts, each of which <br />will constitute an original hereof, and all of which taken together will constitute one and the <br />same Contract. <br />21. Days: Any reference to "day" or "days" in this Contract will, unless the context clearly <br />requires otherwise, mean calendar days. Any reference to "business days" will mean calendar <br />days excluding Saturdays, Sundays, or legal holidays of the States of Minnesota and Illinois. <br />Any time period provided herein (whether relating to delivery of documents or other items, or <br />relating to the inspection period, closing or any other matter) that ends on a day that is not a <br />business day will be deemed to be extended to the immediately following business day. <br />Document #: 1118064-v8 <br />- 11 - <br />