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Buyer: The City of Elk River <br />13065 Orono Parkway <br />Elk River, Minnesota <br />With Copy To: <br />Seller: Tiller Corporation <br />7200 Hemlock Lane N., Suite 200 <br />P.O. Box 1480 <br />Maple Grove, MN 55311-6480 <br />Attn: Gary B. Sauer <br />Tax ID# 41-1408578 <br />With Copy To: Gries & Lenhardt, PLLP <br />12725 43rd Street NE <br />St. Michael, MN 55376 <br />Attn: John R. Gries <br />If to Title <br />Company: Old Republic National Title Company <br />400 Second Avenue South <br />Minneapolis, MN 55401 <br />Attn: Rick Zilka <br />ARTICLE XIV <br />MISCELLANEOUS <br />14.1 Force Majeure. Any prevention, delay, or stoppage because of strikes, lockouts, <br />other labor disputes, material shortages, embargoes, civil unrest, governmental <br />regulations, enemy or hostile governmental action, judicial order, public <br />emergency, weather, fire, earthquake, other Acts of God, and other causes beyond <br />the reasonable control of the party obligated to perform, will extend the period for <br />performance of any act required by a party (except for payment obligations <br />imposed pursuant to this Agreement), including the time required for satisfaction <br />of any condition, for the period of the delay provided, however (i) the <br />unavailability of financing shall not qualify for force majeure treatment and (ii) the <br />affected party shall give reasonable written notice to the other of the occurrence <br />causing such delay and shall include in such notice, if known, the date by which <br />the delayed obligation will be performed. <br />14.2 Construction. This Agreement shall be governed by and construed under the laws <br />of the State of Minnesota. All captions in this Agreement are for reference only. <br />Page 13 <br />Version Datc 12B/OS <br />S:\PARK &RECU2 14 OS Packet\Pnmhase Agteemeat v12073005.doc <br />