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7.0. EDSR 08-08-2005
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7.0. EDSR 08-08-2005
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City Government
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EDSR
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8/8/2005
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S must also mail a copy of the notice of termination to the Parties respective attorneys as <br /> provided for in Section 26 below. <br /> d. If the Non-Terminating Party disputes the Terminating Party's right to <br /> terminate this Agreement, the Non-Terminating Party must so notify the Terminating <br /> Party, in writing, within five (5)business days of the Non-Terminating Party's receipt of <br /> the Terminating Party's notice of termination. <br /> e. If the Non-Terminating Party does not dispute the Terminating Party's <br /> right to terminate the Agreement, Buyer must execute and delivery to Seller a recordable <br /> quit claim deed or other recordable instrument evidencing the termination of Buyer's <br /> rights in the Property, and upon the receipt of such a quit claim deed or other instrument, <br /> Seller must return the Earnest Money to Buyer. <br /> f. If the Parties dispute the validity of an attempted termination of this <br /> Agreement, either Party may initiate a civil action in a court of competent jurisdiction to <br /> determine the status of this Agreement, and the Party that prevails in any such action is <br /> entitled to recover its reasonable attorneys' fees and costs in the action from the non- <br /> prevailing Party. <br /> 24. Time. Time is of the essence for all provisions of this Agreement. <br /> 25. Survival of Terms. The Parties' obligations under this Agreement survive <br /> • Seller's delivery of a deed to Buyer and the closing of this transaction. <br /> 26. Notices. All notices provided for in this Agreement must be in writing. The <br /> notice must be effective as of the date two days after the Party sending such notice deposits the <br /> notice with the United States Postal Service with all necessary postage paid, for delivery to the <br /> other Party via certified mail,return receipt requested, at the address set forth in Section 1 above. <br /> If Party delivers a notice provided for in this Agreement in a different manner than described in <br /> the preceding sentence, notice must be effective as of the date the other party actually receives <br /> the notice. The Party sending the notice must also mail a copy of the notice to the Parties' <br /> respective attorneys via first class United States mail at the addresses set forth below: <br /> Attorney for Buyer: Joseph A. Wentzell, Esq. <br /> Wentzell Law Offices, PLLC <br /> 2855 Anthony Lane S., Suite 200 <br /> St. Anthony,MN 55418 <br /> Attorney for Seller: Briggs and Morgan, P.A. <br /> 332 Minnesota Street, Suite W2200 <br /> Saint Paul, MN 55101 <br /> Attn: Mr. Thomas L. Bray <br /> 27. Full Agreement. The Parties acknowledge that this Agreement represents the <br /> full and complete agreement of the Parties relating to the purchase and sale of the Property and <br /> all matters related to the purchase and sale of the Property. This Agreement supersedes and <br /> 1787559v3 12 <br />
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