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• and that it will indemnify, defend and hold harmless Seller against any claim made by <br /> an agent or broker for a commission or fee based on acts or agreements of Buyer. <br /> 13. Default. Should Buyer default in the performance of its obligation to <br /> purchase hereunder, Seller's shall be entitled to cancel and terminate this Purchase <br /> Agreement in accordance with Minn. Stat. 559.21 , as amended. <br /> 14. Survive Closing. All of the covenants, warranties, and provisions of this <br /> Purchase Agreement shall survive and be enforceable after the closing of this <br /> transaction. <br /> 15. Complete Agreement. This is a final agreement between the parties and <br /> contains their entire agreement and supersedes all previous understandings and <br /> agreements, oral or written, relative to the subject matter of this Purchase Agreement. <br /> 16. Time of the Essence. Time is of the essence in the performance of this <br /> Purchase Agreement. <br /> 17. Controlling Law. This Purchase Agreement has been made and entered <br /> into under the laws of the State of Minnesota, and said laws shall control the <br /> interpretation hereof. <br /> • 18. Captions. The paragraph headings or captions appearing in this <br /> Purchase Agreement are for convenience only, are not a part of this Purchase <br /> Agreement, and are not to be considered in interpreting this Purchase Agreement. <br /> 19. Binding Effect. This Purchase Agreement shall be binding upon and <br /> enforceable against each of the parties hereto when and only if executed by the party <br /> against whom enforcement of this Purchase Agreement is sought. <br /> IN WITNESS WHEREOF, the parties have executed this Purchase Agreement <br /> on the date first above written. <br /> • <br /> -6- <br />