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Agenda - Council - 09/28/2004
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Agenda - Council - 09/28/2004
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3/24/2025 2:31:56 PM
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9/24/2004 2:38:31 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/28/2004
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(ii) <br /> <br />If BUYER breaches a warranty or representation either before or after <br />closing, SELLER shall have the right to recover direct damages <br />reasonably related to such breach but not incidental or consequential <br />damages or punitive damages. SELLER shall have no right to seek <br />rescission of the conveyance. <br /> <br />b. SELLER'S Default. <br /> <br />(i) <br /> <br />Except as set forth at (ii) below, if SELLER defaults in the <br />performance of any of SELLER'S obligations under this Agreement, <br />BUYER'S sole and exclusive right shall be to seek a Cancellation of <br />Purchase Agreement. <br /> <br />(ii) <br /> <br />If SELLER breaches a warranty or representation either before or <br />after closing, BUYER shall have the right to recover direct damages <br />reasonably related to such breach but not incidental or consequential <br />damages or punitive damages. BUYER shall have no right to seek <br />rescission of the conveyance. <br /> <br /> 16. NOTICES. All notices required herein shall be in writing and delivered personally <br />or mailcd to thc address as shown above and, if mailed, are effective as of the date of mailing. <br /> <br /> 17. REMOVAL OF DEBRIS. SELLER agrees to remove ALL DEBRIS and all <br />personal property not included herein from the Property by the Date of Closing including all <br />vehicles on the Property. Notwithstanding SELLER'S obligation to remove the debris and <br />personal property, BUYER agrees, at its expense, to provide dumpsters for SELLER'S use in <br />which to dispose of the debris. BUYER'S maximum expense for the dumpsters shall be $800.00. <br />Notwithstanding the above, the BUYER shall be responsible, at its cost, for the removal of the <br />concrete blocks and other moveable concrete material presently located on the Property. <br /> <br /> 18. BROKERS. Each party represents that they are not obligated to any real estate or <br />business broker as a result of this transaction. Each party hereby indemnifies the other for any <br />broker's or agent's fees. <br /> <br /> 19. <br />Minnesota. <br /> <br />MINNESOTA LAW. This Agreement shall be governed by the laws of the State of <br /> <br />20. MISCELLANEOUS. <br /> <br />TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS <br />AGREEMENT. <br /> <br />8 <br /> <br /> <br />
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