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If to Purchaser: Onyx Strategic Partners LLC <br />nd <br />330 South 2 Ave, Suite 370 <br />Bloomington, Minnesota 55401 <br />Attention: Daniel Kurkowski <br />E-mail: daniel@obsidiangroup.com <br /> <br />Notices sent by e-mail shall be deemed to have been given on the date transmitted. Notices sent <br />by courier shall be deemed to have been given to or served upon the party to whom it is addressed <br />on the date it is deposited with the courier service for next business day delivery. Notices sent by <br />mail shall be deemed to have been given to or served upon the party to whom it is addressed on <br />the date it is deposited in the United States registered or certified mail, return receipt requested, <br />postage prepaid, properly addressed in the manner above provided. Either party hereto may change <br />such party's address for the service of notice hereunder by written notice of said change to the other <br />party hereto, in the manner above specified ten (10) days prior to the effective date of said change. <br /> <br />15. Default. If Seller or Purchaser is in default as hereunder provided, the other party <br />shall have rights and remedies as follows: <br /> <br />a. Default by Seller. If Seller should fail to consummate the transaction <br />contemplated by this Agreement for any reason except for Purchaser’s default or the failure <br />of Purchaser to satisfy any conditions to Seller’s obligations hereunder, and Seller fails to <br />cure such default within ten (10) business days after written notice by Purchaser, Purchaser <br />may: (a) enforce the specific performance of this Agreement, which action must be <br />commenced within six (6) months after the date of failure of Seller to consummate the <br />transactions contemplated herein; or (b) cancel and terminate this Agreement and each <br />party shall be relieved of its obligations hereunder. If Purchaser elects to terminate this <br />Agreement, Purchaser shall be immediately entitled to the return of the Earnest Money. No <br />delay or omission in the exercise of any right or remedy accruing to Purchaser upon any <br />breach by Seller under this Agreement shall impair such right or remedy or be construed <br />as a waiver of any such breach theretofore or thereinafter occurring. <br /> <br />b. Default by Purchaser. If Purchaser should fail to consummate the <br />transaction contemplated by this Agreement for any reason except for Purchaser’s election <br />to terminate this Agreement pursuant to a termination right expressly provided herein or <br />Seller’s default or the failure of Seller to satisfy any conditions to Purchaser’s obligations <br />hereunder, and shall fail to cure such default by Purchaser within ten (10) business days <br />after written notice by Seller, Seller’s sole remedy is to terminate this Agreement and each <br />party shall be relieved of its obligations hereunder. In the event of termination resulting <br />from Purchaser’s default, Seller shall be entitled to the Earnest Money as liquidated <br />damages. No delay or omission in the exercise of any right or remedy accruing to Seller <br />upon any breach by Purchaser under this Agreement shall impair such right or remedy or <br />be construed as a waiver of any such breach theretofore or thereinafter occurring. <br /> <br />EL185\\71\\796863.v7 <br />9 <br />