3.7. SR 07-18-2005 - Laserfiche WebLink

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Court, and if Seller prevails in such an action, Seller is entitled to recover from Buyer Seller's reasonable attorneys fees and costs. The remedies set forth in this Section 22(a) are Seller's sole and exclusive remedies in the event of Buyer's default. b. Seller's Default. If Seller defaults in the performance of any of Seller's obligations under this Agreement, Buyer may: (i) terminate this Agreement pursuant to Section 23 below, in which case Seller must return the Eamest Money to Buyer; (ii) initiate a civil action to compel Seller's specific performance of Seller's obligations under this Agreement provided that Buyer commences such action within six (6) months of the date of Seller's default. If Buyer prevails in any such action for specific performance, Buyer may also recover Buyer's reasonable attorneys fees and costs; or (iii) If anyone or more of the representations set forth in Section 15 are inaccurate, when made, Buyer may commence an action for damages against Seller in Sherburne County District Court, and if Buyer prevails in such action, Buyer may also recover from Seller Buyer's reasonable attorneys fees and costs. The remedies set forth in this Section 22(b) are Buyer's sole and exclusive remedies in the event of Seller's default. 23. Termination of this Al!reement. Sections 13, 18,20 and 22(b) of this Agreement allow Buyer to terminate this Agreement under certain conditions. Section 19 allows Seller to terminate this Agreement under certain conditions. The following procedures govern the exercise of those termination rights: a. The party that desires to terminate this Agreement (the "Terminating Party") must notify the other party (the "Non-Terminating Party"), in writing, of the Terminating Party's intent to terminate this Agreement. b. The Terminating Party's notice must recite the Section of this Agreement that authorizes the Terminating party's termination of this Agreement and must describe the facts and circumstances which the Terminating Party asserts justify termination under the referenced Section. c. The Terminating Party's notice of termination is effective as of the date the Terminating Party deposits the notice oftermination with the United States Postal Service, with all necessary postage paid, for delivery to the Non-Terminating Party via certified mail, return receipt requested, at the address set forth in Section 1. If the Terminating Party delivers a notice of termination in a different manner than described in the preceding sentence, the notice oftermination is effective as of the date the Non- Terminating Party actually receives the notice of termination. The Terminating Party must also mail a copy of the notice of termination to the Parties respective attorneys as provided for in Section 26 below. 17875591'1 11