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testing of groundwater monitoring wells, as the Buyer shall elect; provided, that the Selle;: kSellers <br />are given at least 24 hours' notice. <br />12. Relocation Benefits; Indemnification. The Seller aeknowledges5geRem <br />acknowledee that the Seller —isSellers are being displaced from the Property as a result of the <br />transaction contemplated by this Purchase Agreement and that the Seller is$elleIs maybe eligible <br />for relocation assistance and benefits and that the Purchase Price includes compensation for any <br />and all relocation assistance and benefits for which the Se}lerSellers may be eligible and the Seller <br />agreesSellers aeree to waive any and all further relocation assistance benefits. The provisions of <br />this paragraph shall survive closing of the transaction contemplated by this Purchase Agreement. <br />13. Risk of Loss. If there is any loss or damage to the Property between the date hereof <br />and the Closing Date, for any reason including fire, vandalism, flood, earthquake or act of God, <br />the risk of loss shall be on the Seller eller . If the Property is destroyed or substantially damaged <br />before the Closing Date, this Agreement may become null and void, at the Buyer's option. At the <br />request of the Buyer, the Sellef a rees=SS=1=1ers asree to sign a cancellation of Agreement. <br />14. Default/Remedies. If the Buyer defaults in any of the covenants herein, the <br />SellerSellers may terminate this Agreement, and on such termination all payments made hereunder <br />shall be retained by the SelleFSellers as liquidated damages, time being of the essence. This <br />provision shall not deprive either party of the right to enforce specific performance of this <br />Agreement, provided this Agreement has not terminated and action to enforce specific <br />performance is commenced within six months after such right of action arises. In the event the <br />Buyer defaults in its performance of the terms of this Agreement and Notice of Cancellation is <br />served upon Buyer pursuant to Minn. Stat. Section 559.21, the termination period shall be thirty <br />(30) days as permitted by Minn. Stat., Section 559.2 1, Subd. 4. <br />15. Notice. Any notice, demand, request or other communication which may or shall be <br />given or served by the parties, shall be deemed to have been given or served on the date the same is <br />personally served upon one of the following indicated recipients for notices or is deposited in the <br />United States Mail, registered or certified, return receipt requested, postage prepaid and addressed <br />as follows: <br />SELLER: ATP Inye,,.., eRt 6 T G ^ •tn:Ronald J. and Lori L. Touchette <br />7078 EEast Fish Lake Road <br />Maple Grove, MN 55311 <br />BUYER: Housing and Redevelopment Authority of the City of Elk River <br />Attn: Amanda Othoudt <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />525535v2 SIS ELI 85-48 <br />