4.4. SR 11-09-1998 - Laserfiche WebLink

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Jo Closing Date - The date of closing shall be within 15 days after Buyer has removed or waived all contingencies. Governing Law - This Agreement is being executed, delivered and is intended to be performed in the judicial district in which the property is located, and the substantive laws of the State of Minnesota will govern the validity, construction and enforcement of this Agreement. Assignment - The rights of the Buyer under this Agreement may not be assigned in whole or in part without the prior written consent of the Seller, unless the Buyer assigns the Agreement to a partnership entity or limited liability corporatior, in which Buyer has an interest, in which case Seller's approval shall not be required. Amendment - Neither this Agreement nor any of the provisions hereof can be amended, changed, waived, discharged or terminated, except by an instrument in writing signed by both parties. Attorneys' Fees, Waiver of Jury Trial - If either party institutes an action or proceeding against the other relating to the provisions of this Agreement or any default hereunder, the unsuccessful party to such action or proceeding will reimburse the successful party therein for reasonable expenses of attorneys' fees, disbursements, and costs, and litigation expenses incurred by the successful party, in an amount awarded by a court. The parties each hereby waive the right (if any) to trial by jury in any such action or proceeding. Notices - Any notice, payment, demand or communication required or permitted to be given by any provision of this Agreement will be in writing and will be deemed to have been given when delivered personally or on the third (3re) business day after the same is sent by certified mail, postage and charges prepaid, directed to the party entitled thereto at the address first listed above. Construction of the Agreement - The Buyer and Seller have each read and fully understand the terms of this Agreement; each has had the opportunity to have this Agreement reviewed by counsel. The rule of construction providing that ambiguities in a contract shall be construed against the drafter shall not apply. Binding Effect - This Agreement will inure to the benefit of and bind the respective successors and assigns of the parties hereto. Brokerage - Seller and Buyer each represent to the other that except for Mark A. Davis and Mark A. Davis & Associates, Inc. ("Broker"), neither party has contacted or used a broker in this matter and each agrees to defend, indemnify and hold the other harmless from any claim for real estate brokerage commission asserted as a result of dealings claimed to have been conducted with such party. Seller agrees to pay Mark A. Davis & Associates, Inc. a real estate commission upon closing of the transaction, at closing, pursuant to the attached commission agreement.