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3.7. SR 07-18-2005
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3.7. SR 07-18-2005
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<br />pursuant to Section 19(b). If neither Buyer nor Seller terminates this Agreement pursuant to <br />Section 18(f) or Section 19(b), within five (5) business days of Seller's delivery of written notice <br />of an appeal to Buyer, all time periods provided for in this Agreement will be tolled pending the <br />outcome of such appeal. If neither Buyer nor Seller terminates this Agreement pursuant to <br />Section 18(f) or Section 19(b) and a District Court finds in favor of the party taking the appeal, <br />this Agreement automatically terminates and Seller must return the Earnest Money to Buyer. <br /> <br />5. Purchase Price. The purchase price for the Property is <br />Dollars ($ ) (the "Purchase Price"). [The <br />purchase price will be determined by multiplying the gross square footage of the Property, <br />less the square footage of any portion of the Property subject to the existing, recorded <br />easement in favor of Northern Natural Gas Company, by $2.00.] <br /> <br />6. Earnest Monev. Seller's execution of this Agreement acknowledges Buyer's <br />deposit of earnest money in the amount of $15,000.00 (the "Earnest Money"). Buyer must <br />deposit the Earnest Money with Seller. Seller may commingle the Earnest Money with other <br />funds of Seller. Seller has no obligation to invest the Earnest Money, and if Seller elects to <br />invest the Earnest Money, any interest which the Earnest Money earns is the property of Seller. <br />Earnest Money in the possession of Seller remains the property of Buyer until paid to Seller <br />pursuant to Section 8 below or until Buyer defaults in the performance of Buyer's obligations <br />under this Agreement and Seller terminates this Agreement pursuant to the provisions of Section <br />22( a) in which case Seller may retain the Earnest Money. If Seller defaults in the performance of <br />Seller's obligations under this Agreement, Buyer may terminate this Agreement pursuant to the <br />provisions of Section 22(b), and the Seller must return Earnest Money to Buyer. Seller must also <br />return the Earnest Money to Buyer if Buyer terminates this Agreement pursuant to Section 13, <br />Section 18 or Section 20 or if Seller terminates this Agreement pursuant to Section 19. Upon <br />Seller's full performance of Seller's obligations under this Agreement, the Earnest Money must <br />be delivered to Seller and applied towards payment of the Purchase Price pursuant to the <br />provisions of Section 8(a) below. <br /> <br />7. Plans and Specifications. Within 14 days of the date of this Agreement, Buyer <br />must deliver plans and specifications for the improvements Buyer intends to construct on the <br />Property ("the Plans and Specifications") to Seller for review as required by Minnesota Statutes, <br />Section 469.105, Subd. 7. The Plans and Specifications must include (a) a site plan showing all <br />proposed buildings and above ground improvements; (b) floor plans; and ( c) exterior elevations <br />(all sides). The Plans and Specifications must be as detailed as the plans and specifications that <br />City of Elk River requires in connection with the issuance of a building permit. The Plans and <br />Specifications must provide for the construction of the improvements described therein in a <br />manner that conforms to all applicable federal, state and local laws, statute, ordinances and <br />regulations. Seller must notify Buyer, within ten (10) business days of Buyer's submission of <br />complete Plans and Specifications to Seller, that Seller either approves or rejects the Plans and <br />Specifications. If Seller does not notify Buyer within the ten (10) business day period that it has <br />approved or rejected the Plans and Specifications, Seller is deemed to have approved the Plans <br />and Specifications. Seller must include in any written notice rejecting the Plans and <br />Specifications, in whole or in part, specifics as to Seller's basis for rejecting the Plans and <br />Specifications. If Seller notifies Buyer that Seller is rejecting the Plans and Specifications, in <br />whole or in part, Buyer must submit new or revised Plans and Specifications to the Seller within <br /> <br />1787559vl <br /> <br />2 <br />
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