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DRAFT <br /> 1111) (b) If a buyer of any part of the Property is represented by a broker, Owner shall pay <br /> any fee charged by buyer's broker up to a maximum of four percent (4%) of the <br /> purchase price. <br /> 7. Termination. This Agreement shall terminate upon the earlier of , 20_ or <br /> the date all of the Property shall have been sold by the Owner. <br /> 8. Parties' Rights Upon Termination. Upon termination of this Agreement neither party shall <br /> be liable for damages hereunder to the other and each party shall be responsible for its own <br /> debts and obligations. <br /> 9. Additional Provisions. <br /> (a) Assignment. Neither party may assign its rights under this Agreement without the <br /> prior written consent of the other. <br /> (b) Governing Law. This Agreement and any other document related hereto shall be <br /> interpreted and enforced in accordance with the laws of the State of Minnesota. <br /> (c) Joint Venture. Nothing herein shall be construed to create a partnership or joint <br /> venture between or among the Owner and the EDA, nor shall anything herein be <br /> construed to create a fiduciary relationship b etween the p arties as to any activity <br /> described herein. <br /> S (d) Indemnification. Each party hereto (the "Indemnitor") shall indemnify and save the <br /> other party(the "Indemnitee") its agents, officers and employees, harmless from and <br /> against all liabilities, losses, damages, costs, expenses, including reasonable <br /> attorneys' fees) causes of action, suites, claims, demands, and judgment of any <br /> nature, because of bodily injuries to, or death of any person and because of damages <br /> to property of the Indemnitee or others, including loss of use from any cause <br /> whatsoever, arising out o f; incidental to, or in connections with the use, non-use, <br /> ownership, condition, or occupancy of the Property, or with any improvements <br /> thereto, due to any acts of omission or commission, including negligence of the <br /> Indemnitor, or any contractor or their employees or agents; provided, however, that <br /> the Indemnitor's obligations shall not extent to any cause of action arising out of or <br /> relating to any act of omission or commission of the Indemnitee, its officers, <br /> employees, or agents. The Indemnitor's liability hereunder shall not be limited to the <br /> extent of insurance carried by or provided by the Indemnitor or subject to any <br /> exclusions from coverage in any insurance policy. <br /> • <br /> 1643057v3 5 <br />