Agenda - Council - 09/26/2023 - Laserfiche WebLink

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with this Agreement, the undersigned hereby waive the right to trial by jury and consent to the 4 jurisdiction of the courts in the State of Minnesota. 13,02 Entire Agreement. This Agreement constitutes, the entire contract between the parties hereto, and may not be modified except by an instrument in writing signed by the parties heretop and supersedes all previous agreements, written or oral, if any, of the parties. Exhibits referred to in this Agreement are attached hereto and incorporated herein by reference. 13.03 Time of Essence. Time is of the essence of this Agreement in all respects. Any time period providing for the performance of the parties' obligations herein which would otherwise end on a. Saturday, Sunday or national holiday shall be extended to the next succeeding business day. 13.04 Successors and A This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, legal representatives, successors and assigns. 13.05 Invalidity. In the event that any provision of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. 13.06 Waiver. No waiver of any of the provisions of this Agreement shall be deemed, nor shall the same constitute a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing waiver. No waiver shall be binding, unless executed, in wn 'ting, by the party making the waiver. 13.07 Headings. The section headings contained in this Agreement are for convenience only and shall not be considered for any purpose in construing this Agreement. As used in this Agreement, the masculine, feminine and neuter genders, and the singular and plural numbers shall be each deemed to include the other whenever the context so requires. 13.08 Seller's and Buyer's TIN. Buyer's and Seller's tax identification numbers shall be provided to Escrow Agent (if and as applicable) at Closing. 13.09 Counterparts. This Agreement may be executed in counterparts, each of which when executed and delivered shall be deemed an original, but such counterparts together shall constitute but one and the same document. 13.10 Like -Kind Exchange, Buyer may exchange fee title to the Property for other property of like kind and qualifying use within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended, and the Regulations promulgated thereunder. Buyer expressly reserves the right to assign its rights but not its obligations hereunder to a "Qualified Intermediary" as provided in I RC Reg. 1.1031 (k)-,(g)(4) in connection with such an exchange at any time on or before the Closing Date. Seller hereby agrees to cooperate with Buyer (at no cost to Seller) in effectuating any such exchange. 16 B. S: