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If to Purchaser: <br />Baer Necessities, LLC <br />14440 145t' Court NW <br />Elk River, MN 55330 <br />Attn: Jennifer Abrahamson <br />24. Assignment. Purchaser may assign its rights under this Agreement or the <br />Contract for Deed described 2(b) herein. Purchaser shall provide fifteen (15) days advanced, <br />written notice of any such assignment and any assignee shall be bound by Purchaser's obligation <br />under this Agreement and the Contract for Deed. <br />25. Survival. All of the terms of this Agreement will survive and be enforceable after <br />the Closing, except as otherwise provided. <br />26. Captions. The paragraph heading or captions appearing in this Agreement are for <br />convenience only, are not a part of this Agreement and are not to be considered in interpreting <br />this Agreement. <br />27. Entire Agreement; Modification. This written Agreement constitutes the <br />complete agreement between the parties and supersedes any prior oral or written agreements <br />between the parties regarding the Property. There are no verbal agreements that change this <br />Agreement and no waiver of any of its terms will be effective unless in a writing executed by the <br />parties. <br />28. Brokers. Seller and Purchaser each represent and warrant to the other party that it <br />has dealt with no brokers, finders, or the like in connection with this Agreement or the <br />transactions contemplated hereby. Seller and Purchaser agree to indemnify and defend each other <br />against, and hold each other harmless from, all claims, damages, costs, and expenses of or for <br />any fees or commissions resulting from their actions or agreements regarding the execution or <br />performance of this Agreement, if and to the extent the representation and warranty made by <br />such party in the immediately preceding sentence is not true. <br />29. Binding Effect. This Agreement binds and benefits the parties and their heirs, <br />representatives, successors, and assigns. <br />30. Governing Law. This Agreement has been entered into in the State of Minnesota <br />and shall be governed by and construed in accordance with the laws of the State of Minnesota. <br />31. Relationship Between Seller and Purchaser. Nothing in this Agreement shall be <br />construed as creating a joint venture between the Seller and Purchaser or any relationship other <br />than that of the Seller and Purchaser. <br />32. Time is of the Essence. Time is of the essence in this Agreement. <br />214273v 12 10 <br />