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28. CONTROLLING LAW. This Agreement is nnudc under the laws of the State of <br />Minnesota and such laws will control its interpretation. <br />%%.REMEDXES. <br />a. If Buyer fails to perform any o[the terms mconditions of this Agreement within <br />the specified time limits, Seller may declare this Agreement terminated pursuant <br />to Minnesota 3tu1utco section 55921. 8d|cr`o xo|c ncrucdy in the event of <br />Buyer's default isretention of the Earnest Money, unless Buyer defaults under <br />Section 7oc|Zof this Agreement, inwhich case Seller may retain the Earnest <br />money or suspend the performance of its obligations under this Agreement and <br />uocnnuenoc an action in Anoka County District Court 1nrecover its uotuu| dnnnugcu <br />arising from the default. <br />}z If Seller fails tn perform any o[the terms n«conditions of this Agreement within <br />the specified time limits, Buyer may, as its »o|c remedy, declare this Agreement <br />terminated iowhich case Escrow Agent and, if applicable, Seller, ohu|| refund the <br />Earnest Money (both the Initial Disbursement and the Remaining Earnest Money) <br />to Buyer, or, in the alternative, Buyer may have this Agreement specifically <br />enforced and recover any incidental damages. Buyer waives all claims for <br />consequential damages against Seller based on Seller's breach or alleged default <br />hereunder. <br />23,WAIVER. Failure nfSeller orBuyer toinsist upon the performance n[any ofthe <br />covenants, agreements and/or conditions of this Agreement or to exercise any right or <br />privilege herein shall not be deemed a waiver of any such covenant, condition or right. <br />D&SURVIVAL OF TERMS AND CONDITIONS. The tcmns and conditions ofthis <br />Agreement shall survive and be in full force and effect after the delivery of the deed, and <br />shall not be deemed to have merged therein. <br />25'S0VDCRABDLDTY' Each provision nfthis Agreement shall apply tothe extent permitted <br />by applicable law and is intended to be severable. l[any provision is illegal or invalid for <br />any reason whatsoever, such illegality orinvalidity shall not affect the legality orvalidity <br />of the remainder of the Agreement. <br />26, CONSTRUCTION. The Parties acknowledge that this Agreement was initially <br />prepared by Seller solely as a convenience and that all Parties and their counsel hereto <br />have read and full negotiated all the language used inthis Agreement. The Parties <br />acknowledge that because all Parties and their counsel participated in negotiating and <br />drafting this Agreement, no rule of construction shall apply to this Agreement to construe <br />ambiguous orunclear language infavor o[oragainst any Party. <br />27.COUNTERPARTS; DIGITAL COPIES. This Agreement may hcexecuted inany <br />number nfcounterparts and the signature pages nfthe separate counterparts combined <br />Page 9 of 12 <br />