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<br />Court, and if Seller prevails in such an action, Seller is entitled to recover from Buyer <br />Seller's reasonable attorneys fees and costs. The remedies set forth in this Section 22(a) <br />are Seller's sole and exclusive remedies in the event of Buyer's default. <br /> <br />b. Seller's Default. If Seller defaults in the performance of any of Seller's <br />obligations under this Agreement, Buyer may: <br /> <br />(i) terminate this Agreement pursuant to Section 23 below, in which <br />case Seller must return the Earnest Money to Buyer; <br /> <br />(ii) initiate a civil action to compel Seller's specific performance of <br />Seller's obligations under this Agreement provided that Buyer commences such <br />action within six (6) months of the date of Seller's default. If Buyer prevails in <br />any such action for specific performance, Buyer may also recover Buyer's <br />reasonable attorneys fees and costs; or <br /> <br />(iii) If anyone or more of the representations set forth in Section 15 are <br />inaccurate, when made, Buyer may commence an action for damages against <br />Seller in Sherburne County District Court, and if Buyer prevails in such action, <br />Buyer may also recover from Seller Buyer's reasonable attorneys fees and costs. <br /> <br />The remedies set forth in this Section 22(b) are Buyer's sole and exclusive remedies in the event <br />of Seller's default. <br /> <br />"" <br /> <br />23. Termination of this A2reement. Sections 13, 18,20 and 22(b) of this <br />Agreement allow Buyer to terminate this Agreement under certain conditions. Section 19 allows <br />Seller to terminate this Agreement under certain conditions. The following procedures govern <br />the exercise of those termination rights: <br /> <br />a. The party that desires to terminate this Agreement (the "Terminating <br />Party") must notify the other party (the "Non-Terminating Party"), in writing, of the <br />Terminating Party's intent to terminate this Agreement. <br /> <br />b. The Terminating Party's notice must recite the Section of this Agreement <br />that authorizes the Terminating Party's termination of this Agreement and must describe <br />the facts and circumstances which the Terminating Party asserts justify termination under <br />the referenced Section. <br /> <br />c. The Terminating Party's notice of termination is effective as of the date <br />the Terminating Party deposits the notice of termination with the United States Postal <br />Service, with all necessary postage paid, for delivery to the Non-Terminating Party via <br />certified mail, return receipt requested, at the address set forth in Section 1. If the <br />Terminating Party delivers a notice of termination in a different manner than described in <br />the preceding sentence, the notice of termination is effective as of the date the Non- <br />Terminating Party actually receives the notice of termination. The Terminating Party <br />must also mail a copy of the notice of termination to the Parties respective attorneys as <br />provided for in Section 26 below. <br /> <br />1787623vl <br /> <br />11 <br />