4.4. SR 08-07-2107 - Laserfiche WebLink

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be retained by the Seller as liquidated damages, time being of the essence. This provision shall not deprive either party of the right to enforce specific performance of this Agreement, provided this Agreement has not terminated and action to, enforce specific performance is commenced within six months after such right of action arises. In the event the Buyer defaults in its performance of the terms of this Agreement and Notice of Cancellation is served upon Buyer pursuant to Minn. Stat. Section 559.21, the termination period shall be thirty (30) days as permitted by Minn. Stat., Section 559.2 1, Subd. 4. 16. Notice. Any notice, demand, request or other communication which may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is personally served upon one of the following indicated recipients for notices or is deposited in the United States Mail, registered or certified, return receipt requested, postage prepaid and addressed as follows: SELLER: Quinn Avenue, LLC Attn: Nathan Snyder 4679 137' Street W Apple Valley, MN 55124 BUYER: City of Elk River Attn: Amanda Othoudt 13065 Orono Parkway Elk River, MN 55330 AGENT: Kennedy & Graven, Chartered ATTN: Jenny Boulton 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 17. Entire Agreement. This Agreement, Exhibit, and other amendments signed by the parties, shall constitute the entire Agreement between the Seller and the Buyer and supersedes any other written or oral agreements between the parties relating to the Property. This Agreement can be modified only in a writing properly signed on behalf of the Seller and the Buyer; except that the Closing Date may be extended up to six months by written agreement of the Seller and the Buyer without further approval by the City Council. The Buyer's staff is hereby authorized to execute agreements to extend the Closing Date up to six months from the Closing Date at paragraph 7 above. 18. Survival. Notwithstanding any other provisions of law or court decision to the contrary, the provisions of this Agreement shall survive closing. 18. Binding Effect. This Purchase Agreement binds and benefits the parties and their heirs, successors and assigns.